Director-General, Dept of Family & Community Services v GKD [2012] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: Director-General, Dept of Family & Community Services v GKD [2012] NSWSC 14 Hearing dates: Monday, 16 January 2012 Decision date: 16 January 2012 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Order made for adoption of 17 year old child in favour of proposed adoptive parents. Names sought by child approved as given names of child. Catchwords: FAMILY LAW AND CHILD WELFARE - Adoptions - child over 12 gives sole consent to adoption - whether best interests of child promoted by adoption - whether making such order preferable in best interests of child to any other action taken by law - unrealistic for child to be restored to birth family - only real alternative for Minister to retain parental responsibility - permanent solution provided by adoption order clearly superior - adoption order will provide child with security and permanency of adoptive family - adoption order in best interests of child and clearly preferable. FAMILY LAW AND CHILD WELFARE - Adoptions - change of name of child - child consents to change of name - of itself compelling reason to make order - fact child approaching 18 further reason for approving name change. Legislation Cited: (NSW) Adoption Act 2000, s 54, s 55, s 63, s 90, s 91, s 101 (NSW) Guardianship Act 1987 Cases Cited: Director-General, Dept of Community Services (NSW) v D and Others (2007) 37 Fam LR 595; [2007] NSWSC 762 Category: Principal judgment Parties: Director-General Department of Family & Community Services (plaintiff) GKD (defendant) Representation: Parties: Ms Neville (plaintiff) GKD (defendant in person) Solicitors: Crown Solicitors (plaintiff) File Number(s): A143/2011