Re S and the Adoption Act 2000 (NSW) (No. 2) [2006] NSWSC 1438

Reported Decision : 206 FLR 394

New South Wales Supreme Court

CITATION : Re S and the Adoption Act 2000 (NSW) (No. 2) [2006] NSWSC 1438

JUDGMENT DATE : 20 December 2006

JURISDICTION : Adoptions

JUDGMENT OF : White J

DECISION : Make the orders sought in the application under Regulation 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth).

CATCHWORDS : FAMILY LAW & CHILD WELFARE – Adoption – Intercountry adoptions – Prospective adoptive parents sought adoption of children from Philippines – Philippines and Australia parties to Convention on Protection of Children and Co-operation in respect of Intercountry Adoption – Prospective adoptive parents made applications pursuant to both Chapter 4 Adoption Act 2000 (NSW) and Regulation 15 Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) – Director-General of New South Wales Department of Community Services also made application on behalf of prospective adoptive parents pursuant to Chapter 5 Adoption Act – Where Adoption Act and Commonwealth Regulations provide different regimes for intercountry adoptions between parties to Convention – Where Commonwealth Regulations inapplicable if Adoption Act has same or comparable effect to Commonwealth Regulations – Whether Adoption Act has same or comparable effect to Commonwealth Regulations – Held that Adoption Act not of same or comparable effect to Commonwealth Regulations - CONSTITUTIONAL LAW – Operation and effect of Commonwealth Constitution – Inconsistency of laws – s 109 Commonwealth Constitution – Whether provisions of Adoption Act pursuant to intercountry adoptions between parties to Convention inconsistent with Commonwealth Regulations – Held that provisions of Adoption Act pursuant to intercountry adoptions between parties to Convention inconsistent with Commonwealth Regulations and invalid to extent of inconsistency - FAMILY LAW & CHILD WELFARE – Adoption – Intercountry adoptions – Whether prospective adoptive parents entitled to orders for adoption of children pursuant to Regulation 15 Commonwealth Regulations – Orders pursuant to Regulation 15 Commonwealth Regulations made.