NSW Caselaw
New South Wales Supreme Court
CITATION : Re K & The Adoption Act 2000 [2005] NSWSC 858
JUDGMENT DATE : 25 August 2005
JURISDICTION : Equity Division Adoptions List
JUDGMENT OF : White J
DECISION : See paragraph 25 of judgment.
CATCHWORDS : FAMILY LAW - Adoption - Application for orders dispensing with consent of natural parents and foreign guardian - Ancillary orders dispensing with need for notice to parents and guardian also sought - Where Korean law confers anonymity upon natural parents - Where federal Minister by operation of law becomes guardian to the exclusion of all others - Consent of Korean guardian not required - Adoption Act 2000 (NSW) ss 52, 54(1)(a), 66, 67(1)(a), 72(2)(a), 77 - Immigration (Guardianship of Children) Act 1946 (Cth) ss 5 and 6 - Held that trying to find out the natural parents' contact details is not a "reasonable inquiry" as contemplated by s 67 of Adoption Act - Consent dispense order and order for adoption made.
Immigration (Guardianship of Children) Act 1946 (Cth) LEGISLATION CITED : Adoption Act 2000 (NSW)
Re S and the Adoption Act 2000 [2005] NSWSC 393 WACB v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 210 ALR 190; 79 ALJR 94 CASES CITED : Luther v Sagor [1921] 3 KB 533 Birtwhistle v Vardil (1840) West 500; 9 ER 578 Adoption Act 2000, Dictionary, definition of "State" and Interpretation Act 1987 (NSW) s 21
PARTIES : Re K and the Adoption Act 2000
FILE NUMBER(S) : SC 80064/05
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION ADOPTIONS
WHITE J
Thursday, 25 August 2005
80064/05 Re K and the Adoption Act 2000 JUDGMENT 1 HIS HONOUR: The plaintiffs, with the consent of the Director-General of the Department of Community Services ("DOCS"), seek an order for the adoption of a child born in Korea. Ancillary to this, an order is sought for approval of the child's name. The following two further orders are also sought: "3. An order dispensing with the consent of the child's natural parents and the child's guardian, Kim, Do Young and of Eastern Social Welfare Society.
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