Re C and the Adoption Act 2000 (NSW) [2007] NSWSC 768

New South Wales Supreme Court

CITATION : Re C and the Adoption Act 2000 (NSW) [2007] NSWSC 768

HEARING DATE(S) : n/a

JUDGMENT DATE : 16 July 2007

JURISDICTION : Equity Division Adoption List

JUDGMENT OF : Palmer J

DECISION : Summons dismissed.

CATCHWORDS : FAMILY LAW – ADOPTION – HAGUE CONVENTION – Adoption order made in China – order not obtained in accordance Hague Convention - whether Court has power to make a declaration of validity under the Adoption Act in respect of an adoption order made in a Convention country – whether validity of an adoption order made in contravention of Hague Convention could be recognised by declaratory order.

LEGISLATION CITED : - Adoption Act 2000 (NSW) – s.17(1), s.108, s.116 - Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoptions – Articles 15, 16, 17, 23.

PARTIES : Ms C – Plaintiff

FILE NUMBER(S) : SC 42/07

COUNSEL : n/a

SOLICITORS : n/a

42/07 Re C and the Adoption Act 2000 (NSW)

JUDGMENT 16 July, 2006

Introduction

1 The Plaintiff, to whom I will refer for reasons of anonymity as "Ms C", was born in the People's Republic of China. She came to Australia several years ago and is now permanently resident in this State. In February 2006 Ms C went to China and obtained an adoption order from the Chinese authorities in respect of a baby girl. Ms C has not been permitted by the Australian immigration authorities to bring the child to Australia to live with her. 2 Ms C has filed a Summons seeking a declaration that the adoption order made in her favour in China complies with s.108 of the Adoption Act 2000 (NSW). There is no other party to the Summons and it has been dealt with in Chambers. Ms C has filed a number of affidavits in support and has made written submissions. The Facts