Adoption of G [2012] NSWSC 1254

Supreme Court New South Wales

Medium Neutral Citation: Adoption of G [2012] NSWSC 1254 Decision date: 17 October 2012 Jurisdiction: Equity Division - Adoption List Before: Gzell J Decision: Application adjourned. Catchwords: FAMILY LAW AND CHILD WELFARE - Child welfare other than under Family Law Act 1975 (Cth) and Related Acts - Adoption - child born in Philippines - Philippines a signatory to the Hague Convention on Protection of Children and Co-operation in respect of Inter-Country Adoption - application under Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), reg 15 - no evidence of Central Authority in NSW transmitting a report to Central Authority in Philippines as required by art 15 of Convention - no evidence of Central Authority in Philippines transmitting a report to Central Authority in NSW as required by art 16 of Convention Legislation Cited: Adoption Act 2000 Family Law (Hague Convention on Intercountry Adoption) Regulations (Cth) Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption Category: Principal judgment Parties: P & P (Applicants) G (Child) File Number(s): SC 2012/119

Judgment 1On 15 August 2012 an application was filed for the adoption of a child I will refer to as G by applicants I will refer to as P and P under the Family Law (Hague Convention on Intercountry Adoption) Regulations (Cth), reg 15. 2The material on the file relates to an application under the Adoption Act 2000 for the adoption of G. 3There is no evidence that the arrangements for the adoption were made in accordance with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Convention). The Placement Authority document and the Discharge Slip do not go far enough. 4In particular, evidence should be filed to establish that the Department of Family and Community Services as the New South Wales Central Authority prepared and transmitted to the Inter-Country Adoption Board of the Philippines as the Central Authority of the State of origin the report required by art 15 of the Convention. 5The evidence should also establish that in accordance with art 16 of the Convention, the Inter-Country Adoption Board as Central Authority of the Philippines prepared and transmitted a report to the Department of Family and Community Services as the New South Wales Central Authority 6I direct the Registrar to notify the applicants and the Director-General of the Department of this order and provide them with a copy of this judgment. 7The application is adjourned to a date to be fixed.