The Adoption of John (a pseudonym) and William (a pseudonym) [2025] NSWSC 109

Supreme Court New South Wales

Medium Neutral Citation: The Adoption of John (a pseudonym) and William (a pseudonym) [2025] NSWSC 109 Hearing dates: 16 December 2024 Date of orders: 18 December 2024 Decision date: 26 February 2025 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: 1. Pursuant to s 4(2) of the Adoption Act 2000 (NSW), the Court determines that, on the evidence before the Court, the children are not children of Aboriginal descent, with the consequence that the children are not Aboriginal children within the meaning of s 4(1) of the Act. 2. Determine that, for the purposes of s 34 of the Adoption Act, the Secretary has made reasonable inquiries as to whether the children are Aboriginal children. Catchwords: CHILD WELFARE – adoption – Aboriginal placement principles – reasonable inquiries – where children placed with non-Aboriginal carers at a time when not aware that children may be Aboriginal – where birth mother and children strongly identify as Aboriginal –where carers are raising children as Aboriginal – where Secretary of view that children are not Aboriginal – whether Secretary has made reasonable inquiries as to whether the children are Aboriginal children – whether children are Aboriginal children Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Adoption Act 2000 (NSW) Adoption Regulation 2015 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of F and IR (anonymised) [2022] NSWSC 262 Hackett (a pseudonym) v Secretary, Department of Communities and Justice [2020] NSWCA 83 The Adoption of Edward (a pseudonym) [2022] NSWSC 1488 Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) "Jennifer" (a pseudonym) (First Defendant) "Charlie" (a pseudonym) (Second Defendant) Representation: Solicitors: Crown Solicitor's Office (Plaintiff) First Defendant (Self-Represented) Second Defendant (Self-Represented) File Number(s): 2024/404565 Publication restriction: This judgment has been anonymised pursuant to s 180 Adoption Act 2000 (NSW).