Application by the Director-General, NSW Department of Community Services: Adoption of DR by DCB and HMB [2000] NSWSC 22

Reported Decision : [2000] 26 Fam LR 107

New South Wales Supreme Court

CITATION : Application by the Director-General, NSW Department of Community Services: Adoption of DR by DCB and HMB [2000] NSWSC 22 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 80115/99 HEARING DATE(S) : 02/02/00 JUDGMENT DATE : 2 February 2000

PARTIES : Director-General, NSW Department of Community Services JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. D. Smith, Solicitor SOLICITORS : R. Best, Director Legal Services, Department of Community Services, Ashfield CATCHWORDS : Family Law - Adoption - Child aged 21 who had come from India to live with applicants when 17 - Extraordinary and special relationship between applicants and child from age 13 - Whether brought up, maintained and educated by applicants as their child - Immigration status - Adoption order made. LEGISLATION CITED : Adoption of Children Act 1965 ss.17, 18 Application A77/2302 (Waddell, J, 21/8/78) CASES CITED : Re Adoption Application by Clark (1987) 11 FamLR 962 Re B (1999) 2 AC 136 Re W (1999) NSWSC 662 DECISION : Application granted

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADOPTIONS LIST

CORAM: HODGSON, CJ in Eq.

Tuesday 2nd February 2000

NO. 80115 OF 1999 APPLICATION BY THE DIRECTOR-GENERAL, NSW DEPARTMENT OF COMMUNITY SERVICES ADOPTION OF DR BY DCB AND HMB

JUDGMENT

1 HIS HONOUR: I do propose to make an adoption order, and I will give my reasons. 2 I am dealing with an application by the Director General of the Department of Community Services for the adoption by Mr and Mrs B of a child D. D was born in India on 7 October 1978, and first came to live with Mr and Mrs B in Australia in February 1996. The adoption application was filed on 13 September 1999, when D was almost 21 years of age. In those circumstances when the matter first came to me in chambers, I considered there was a real question whether an adoption order could be made, having regard to s.18 of the Adoption of Children Act 1965, especially s.18(1)(b). Section 18 is in the following terms: 18(1) Subject to this Act, the Court may, on application, make an order for the adoption of a person who: (a) had not attained the age of eighteen years before the date on which the application was filed in the Court, or (b) had attained that age before that date and: (i) had been brought up, maintained and educated by the applicant or applicants, or by the applicant and a deceased spouse of the applicant, as his or her, or their, child, or (ii) had, as a ward within the meaning of the Child Welfare Act 1939 or the Children (Care and Protection) Act 1987, been in the care or custody of the applicant or applicants or of the applicant and a deceased spouse of the applicant.