The Adoption of Lupe (a pseudonym) [2025] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of Lupe (a pseudonym) [2025] NSWSC 65 Hearing dates: On the papers Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Equity - Adoptions List Before: McGrath J Decision: Consent dispense order made Catchwords: CHILD WELFARE – adoption – consent dispense order – where consent dispense order sought before application for adoption order – where father not identified – where reasonable enquiries made to identify and locate the father Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Adoption of A [2022] NSWSC 567 Application of MSC and CJC; re HES [2011] NSWSC 1071 Re DYK and The Adoption Act 2000 [2005] NSWSC 1045 Re K and The Adoption Act 2000 [2005] NSWSC 858 Re KN and The Adoption Act 2000 [2005] NSWSC 896 Category: Procedural rulings Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) File Number(s): 2025/00047631 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)

JUDGMENT

INTRODUCTION 1. These proceedings concern the adoption of a child who I will call "Lupe" (not the child's real name). 2. By notice of motion filed 5 February 2025, the Secretary of the New South Wales Department of Communities and Justice seeks an order, pursuant to s 67(1)(a) of the Adoption Act 2000 (NSW) (the Act), dispensing with the requirement for the consent of Lupe's father to Lupe's adoption. 3. All persons referred to have been assigned pseudonyms in keeping with s 180 of the Act. 4. I have been greatly assisted by the submissions I received from Ms Hedges for the Secretary. Much of what follows is taken, with gratitude, from those submissions.