The Adoption of Joy and Sophia [2024] NSWSC 1615

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Joy and Sophia [2024] NSWSC 1615 Hearing dates: On the papers Date of orders: 16 December 2024 Decision date: 16 December 2024 Jurisdiction: Equity - Adoptions List Before: Hmelnitsky J Decision: See [50] Catchwords: CHILD WELFARE – Adoption – Best interests of the child Legislation Cited: Adoption Act 2000 (NSW) ss 8, 23, 24, 27, 45, 50, 51, 52, 54, 67, 72, 87, 88, 90, 91, 101 Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of NG (No 2) [2014] NSWSC 680 Adoption of SVS [2015] NSWSC 2043 Application of A – re D [2006] NSWSC 1056 In re W (A Child) (Adoption: Grandparents' Competing Claim) [2017] 1 WLR 889; [2016] EWCA Civ 793 Re B (A Minor) [2001] UKHL 70; [2002] 1 All ER 241 Re the Adoption of CCS and FLS [2019] NSWSC 71 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Category: Principal judgment Parties: The Secretary, New South Wales Department of Communities and Justice (Plaintiff) Representation: Counsel: determined on the papers

Solicitors: File Number(s): 2024/296267 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW).

JUDGMENT 1. The Secretary of the NSW Department of Communities and Justice seeks an order that "Joy" and "Sophia" (not their real names), now seven and four years of age respectively, be adopted by "Cath" (not her real name). 2. The birth parents of the children are aware of these proceedings but have not consented to the adoption. The Secretary therefore seeks an order that the Court dispense with the requirement of consent pursuant to s 67(1)(d) of the Adoption Act 2000. The Secretary also seeks orders in relation to the children's names. In each case, the Secretary proposes that the children adopt the surname of the proposed adoptive parent. In Sophia's case, the Secretary also proposes an additional given name. 3. Joy has lived with Cath continuously since 23 October 2017, when she was about five months old. Sophia has lived continuously with Cath since 21 February 2020, when she was one day old. 4. The children are sisters. Their birth parents were served with the Notice of Application for Adoption Orders, but neither parent has entered an appearance. 5. The children are presently under the parental responsibility of the Minister for Families and Communities until each attains the age of 18 years, pursuant to orders made by the Children's Court of New South Wales at Parramatta on 19 December 2017 (in the case of Joy) and 25 May 2021 (in the case of Sophia). Those orders remain in effect. 6. I have determined to make the orders sought and to register the adoption plan. These are my reasons for doing so.