Re J and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth); Application of Director, Adoption & Permanent Care Services of the Department of Community Services of New South Wales on behalf of R & Anor [2009] NSWSC 471

New South Wales Supreme Court

CITATION : Re J and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth); Application of Director, Adoption & Permanent Care Services of the Department of Community Services of New South Wales on behalf of R & Anor [2009] NSWSC 471

HEARING DATE(S) : In Chambers

JUDGMENT DATE : 23 June 2009

JURISDICTION : Equity Division Adoptions List

JUDGMENT OF : Austin J

DECISION : Orders made for adoption and change of forenames under Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth); orders made under s 19(2) of Births, Deaths and Marriages Registration Act 1995 (NSW) directing Registrar to register information about the adoption, name and date of birth

CATCHWORDS : Adoption of children - intercountry adoption from Convention country - application of Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) rather than Adoption Act 2000 (NSW) - compliance with Hague Convention on Intercountry Adoption - whether the court should make orders dispensing with notice to and consent by parents - considerations affecting change of forenames - whether Registrar of Births, Deaths and Marriages is required to register an adoption order made under the Commonwealth Regulations - whether court has power to make order to change adopted child's date of birth - grounds for making a finding as to date of birth - court's power to direct Registrar of Births, Deaths and Marriages to register adoption and date of birth under s 19(2) of Births, Deaths and Marriages Registration Act 1995 (NSW) - law reform

Adoption Act 2000 (NSW), Ch 4 and Ch 5, Part 2 Births, Deaths and Marriages Registration Act 1995 (NSW), s 19 LEGISLATION CITED : Births, Deaths and Marriages Registration Regulation 2006 (NSW), reg 6 Constitution of the Commonwealth of Australia, s 109 Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), reg 15