Susan, Re [2009] NSWSC 592

New South Wales Supreme Court

CITATION : Susan, Re [2009] NSWSC 592

HEARING DATE(S) : 23 February 2009 Order made: 24 February 2009

JUDGMENT DATE : 26 June 2009

JURISDICTION : Equity Division Adoption List

JUDGMENT OF : Palmer J

DECISION : Adoption order discharged.

CATCHWORDS : ADOPTION – DISCHARGE – "EXCEPTIONAL REASON" – Applicant alleged that she had been repeatedly sexually abused by her adoptive father as a young child – applicant sought discharge of adoption order to regain identity with birth father and to alleviate psychological trauma – whether sexual abuse proved – standard of proof – whether psychological injury would be alleviated by discharge of adoption – whether "exceptional reason" existed for discharge of adoption – principles to be applied.

- Adoption Act 1976 (UK) - Adoption Act 2000 (NSW) – s 7(a), s 8, s 93(1), s 93(3), s 93(4), s 93(5), s 210 - Adoption and Children Act 2002 (UK) - Adoption of Children Act 1881 (NZ) – s.7 - Adoption of Children Act 1926 (UK) - Adoption of Children Act 1928 (Vic) – s 13(1) - Adoption of Children Act 1964 (Vic) – s 16 LEGISLATION CITED : - Adoption of Children Act 1965 (NSW) – s 25 - An Act to Provide for the Adoption of Children 1851 (USA) ("Massachusetts Adoption of Children Act 1851") - Child Welfare Act 1923 (NSW) – Pt XIV, s 125 - Child Welfare Act 1939-1956 (NSW) – Pt XIX, s 170 - Children and Young Persons (Care and Protection) Act 1998 (NSW) – s 23(c), s 43(3)(b), s 71(1)(c), s 79(1)(b), s 83(3), s 83(4). - Evidence Act 1995 (NSW) – s 140 - Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 - Infants Act 1908 (NZ)