NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Application D and D; re Y [2013] NSWSC 1477 Hearing dates: In Chambers Decision date: 09 October 2013 Jurisdiction: Equity Division - Adoption List Before: Robb J Decision: (1) (a) Order dispensing with the requirement of the consent of the child's birth mother to the adoption of Y by Mr and Mrs D. (b) Order dispensing with the requirement of consent from the child's birth father to the adoption of Y by Mr and Mrs D. (c) Order dispensing with the requirement of notice of the application for an adoption order to the child's birth mother and birth father. (2) Order for the adoption of Y in favour of Mr and Mrs D and approval of the name "D" as the surname and the names "Y Lily" as the given names of the child. 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 - whether evidence establishes birth mother cannot after reasonable enquiry be found - legal paternity not established - approval of a change to add a second given name and surname applied for - adoption order applied for. Legislation Cited: Adoption Act 2000 Adoption Amendment Act 2008 Immigration (Guardianship of Children) Act 1946 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Application of AW & IW re children J & J [2011] NSWSC 1529 Application of RM and ESM re Y [2004] NSWSC 937 Application MKL & MJL; re YSL [2013] NSWSC 564 Application MKL & MJL; re YSL (No 2) [2013] Re Application of H and H, child JW (2011) 45 Fam LR 681 Re H and the Adoption Act [2004] NSWSC 1242 Re M and Another (2004) 31 Fam LR 415 Category: Principal judgment Parties: Mr and Mrs D (Applicants) Y (Child) Representation: Counsel: Solicitors: Fidelity Legal (Applicants) File Number(s): A53/2013
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