Application C and C; re Y [2014] NSWSC 634

Supreme Court New South Wales

Medium Neutral Citation: Application C and C; re Y [2014] NSWSC 634 Hearing dates: In Chambers Decision date: 23 May 2014 Jurisdiction: Equity Division - Adoption List Before: Pembroke J Decision: See paragraph [11] Catchwords: STATUTORY CONSTRUCTION - Adoption Act - Section 67(1)(a) - whether parent 'cannot, after reasonable enquiry, be found' Legislation Cited: Adoption Act 2000 Cases Cited: Adoption of GWL [2013] NSWSC 1527 Application D & D; re Y [2013] NSWSC 1477 Application of MSC & CJC; re HES [2011] NSWSC 950 In the matter of N and the Adoptions Act 2000 [2012] NSWSC 1263 Category: Principal judgment Parties: Mr and Mrs C (Applicants) Y (Child) File Number(s): A196/2013

Judgment

Introduction 1This is another case that raises for consideration the scope and effect of the requirement of Section 67(1)(a) of the Adoption Act 2000 (the Act) that the consent of a birth parent may be dispensed with if the person 'cannot, after reasonable enquiry, be found or identified'. 2The question arises in this case because the plaintiffs seek an order under New South Wales law for the adoption of a child born in Taiwan. On 19 March 2012, the Taipei District Court in Taiwan issued a ruling approving the adoption in favour of the plaintiffs, to which the birth mother consented. However, because Taiwan is not a party to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, the adoption order of the Taipei Court is unable to be recognised in New South Wales in accordance with Section 108 of the Act: Application of MSC & CJC; Re HES [2011] NSWSC 950 at [4].