NSW Caselaw
New South Wales Supreme Court
CITATION : William and Jane, Re [2010] NSWSC 1435
HEARING DATE(S) : In Chambers on the papers
JUDGMENT DATE : 6 December 2010
JURISDICTION : Equity Division Adoption List
JUDGMENT OF : Palmer J
DECISION : Adoption orders made.
CATCHWORDS : ADOPTION – SAME SEX COUPLE – Application for adoption of two children by same sex couple – whether, in the particular factual circumstances of the case, it is in the best interests of the children to be adopted – principles discussed – whether consents of birth parents should be dispensed with.
- Adoption Act 2000 (NSW) – s 7, s 8, s 23, s 52, s 67, s 72, s 90, s 180 - Adoption Amendment (Same Sex Couples) Act 2010 (NSW) - Anti-Discrimination Act 1977 (NSW) LEGISLATION CITED : - Births, Deaths and Marriages Registration Act 1995 (NSW) – Pt 8 - Interpretation Act 1987 (NSW) – s 21C - Marriage Act 1961 (Cth) – s 5(1), s 88EA - Relationships Register Act 2010 (NSW) – s 5, s 6, s 7
CATEGORY : Principal judgment
Director-General, NSW Department of Human Services, by her Delegate, the Principal Officer, Adoptions, Barnardos Australia (Applicant) PARTIES : William (child) Jane (child)
FILE NUMBER(S) : SC A171/2010
COUNSEL : n/a
SOLICITORS : I.V. Knight, Crown Solicitor (Applicant)
A171/2010 Re William and Jane
JUDGMENT 6 December, 2010
Introduction
1 This is the first adoption application by a same sex couple to be heard in this State since the Adoption Amendment (Same Sex Couples) Act 2010 took effect on 15 September 2010. The adoptive parents, both male, sought to adopt two children, a boy aged nine and a girl aged five. The adoption application was not contested. On 6 December 2010, I made the orders sought in the application in the presence of the children, the adoptive parents and their families and friends. 2 It is not usual for the Court to publish reasons for making adoption orders if the adoption application is not actively opposed. However, because this is the first adoption application by a same sex couple in this State and because there has been considerable debate in the community as to whether same sex couples should be allowed to adopt, it is important for the Court to explain the reasons for its decision, not only to the parties but to the community at large. 3 In accordance with the anonymity requirements of s 180 Adoption Act, I will refer to the parties by pseudonyms, viz, to the boy as William, to the girl as Jane, to the children's mother as Ms White, to William's father as Mr Ford, to Jane's father as Mr Green, and to the adoptive parents as Mr Smith and Mr Jones. The orders sought
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