Re A & B and the Adoption of Children Act (1965) [2003] NSWSC 595

New South Wales Supreme Court

CITATION : Re A & B and the Adoption of Children Act (1965) [2003] NSWSC 595 HEARING DATE(S) : 30 May, 03 JUDGMENT DATE : 1 July 2003

JURISDICTION: Equity Division Adoptions List JUDGMENT OF : Palmer J DECISION : Adoption order made.

CATCHWORDS : ADOPTION - Grandparents applicants - general rule against intra-familial adoption orders - exceptional circumstances apply. HELD: Adoption order made. LEGISLATION CITED : Adoption Act 2000 (NSW) Adoption of Children Act 1965 (NSW) - s.32(1) - Adoption of Children Act: A An Infant (unrep.) (NSWSC) 1 May 1978 - Re Adoption of Children Act (1979) 5 Fam LN No 15 - Re the Application of M (unrep.) [1999] NSWSC 497 CASES CITED : - In re D X (An Infant) [1949] Ch 320 - In re X (An Infant) (1964) 81 WN(NSW) 335 - Robb v Director General Department of Community Services (unrep.) [1999] NSWSC 754 - Re T (An Adoption) [1995] 3 NZLR 373 PARTIES : Applicants Respondent FILE NUMBER(S) : SC 80110/01 COUNSEL : M.W. Anderson - Applicants G. O'Connor - Respondent SOLICITORS : A. Harvey Sutton & Co - Applicants I.V. Knight, Crown Solicitor - Respondent

Introduction

1 At the conclusion of the hearing of this matter I announced the decision to which I had come in order to save the Applicants and their family any further stress and anxiety during the time it took to prepare my reasons for judgment. I said that I would make the orders for adoption as sought and I would publish my reasons as soon as practicable. These are those reasons. 2 This is an application for the adoption of twin girls by their natural grandparents. The respondent, the Director-General of the NSW Department of Community Services ("the Director-General") opposes the application because of the Department's policy against adoptions by the relatives of children, or 'intra-familial' adoptions, unless it would be in the best interests of the child and preferable to any other action which could be taken. 3 The Adoption Act 2000 (NSW) had not commenced at the date of filing of the application. Accordingly, this matter is dealt with under the provisions of the Adoption of Children Act 1965 (NSW). Section 17 of that Act provides that in an adoption application the welfare and interests of the child are the paramount consideration.