Application MKL & MJL; re YSL [2013] NSWSC 564

Supreme Court New South Wales

Medium Neutral Citation: Application MKL & MJL; re YSL [2013] NSWSC 564 Hearing dates: In Chambers Decision date: 14 May 2013 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Application for consent dispense order declined. Adoption application adjourned. Catchwords: FAMILY LAW AND CHILD WELFARE - Adoption - non-citizen child - child born in Taiwan - not a party to Inter-Country Adoption Convention - not a prescribed overseas jurisdiction - adopting parents not resident or domiciled in Taiwan - adoption application must proceed under (NSW) Adoption Act - birth mother gave consent to adoption in Taiwanese court - birth mother has not given consent for purposes of Adoption Act - consent dispense order applied for - birth mother not shown to be unable to be identified or found - no grounds apparent to dispense with consent - held: application for consent dispense order declined. Legislation Cited: (CTH) Family Law (Bilateral Arrangements - Inter-Country Adoption) Regulations 1998 (CTH) Family Law Act 1975 (CTH) Immigration (Guardianship of Children) Act 1946,s 4AAA, s 11 (NSW) Adoption Act 2000, Pt 5, s 52, s 54, s 58, s 59, s 60, s 61, s 62, s 63, s 67, s 72, s 87(2)(b), s 90, s 108, s 113, s 116, s 117 (NSW) Children and Young Persons (Care and Protection) Act 1998 Hague Convention on Protection of Children and Co-Operation in respect of Inter-Country Adoption Category: Principal judgment Parties: MKL and MJL (applicants) YSL (child) File Number(s): A22/2013