The Application of the Director General re Adoption of JMS and LJS [2012] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: The Application of the Director General re Adoption of JMS and LJS [2012] NSWSC 786 Hearing dates: 13 June 2012 Decision date: 13 June 2012 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Order for adoption made Catchwords: ADOPTION - child over 18 years - Adoption Act, s 101(1)(a) - whether with child's consent court can change name in making adoption order - Adoption Act, s 55 - child who is 12 or more but less than 18 who is incapable of giving consent - exceptional circumstances required - nature of exceptional circumstances Legislation Cited: (NSW) Adoption Act 2000, s 8, s 24, s 54(1)(d), s 54(3), s 55, s 67, s 101 (NSW) Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Baker v The Queen (2004) 210 ALR 1 Re A & B (Adoption by Grandparents) (2003) 30 Fam LR 387 R v Kelly (Edward) [2000] QB 198 Category: Principal judgment Parties: Director General New South Wales Department of Family and Community Services Representation: Ms Hailstone (Crown Solicitors) File Number(s): A172/2011

Judgment (ex tempore) 1HIS HONOUR: Before the Court is a summons filed by the Director General of the New South Wales Department of Family and Community Services (Director General) for orders of adoption and related orders in respect of two children, JMS born 29 January 1994 and his brother LJS born 17 June 1995. From those dates it will be apparent that JMS has now attained 18 years of age whereas LJS is approaching 17 years of age. That difference in ages has consequences under the (NSW) Adoption Act 2000 (Adoption Act) for the matters in respect of which the Court must be satisfied before it can make an adoption order. 2Lest there be any doubt about it, let me say at the outset that I am entirely satisfied on all of the evidence that it is plainly in the interests of both of the children that an adoption order be made. Before I can do so, however, I have to be satisfied that a number of procedural safeguards required by the Adoption Act before an adoption order can be made have been met.