Adoption of NG (No 2) [2014] NSWSC 680

Supreme Court New South Wales

Medium Neutral Citation: Adoption of NG (No 2) [2014] NSWSC 680 Hearing dates: 13, 14, 15 May 2014 Decision date: 28 May 2014 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Consent dispense orders made; adoption order made; adoption plans registered. Catchwords: FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption - whether adoption order clearly preferable to any other order that could be made with respect to care of child - where no realistic prospect of restoration - where preserving possibility of restoration would contravene spirit of adoption principle (e1) - where due to history of prior placement instability child has accentuated needs of security and permanency - where adoption would serve child's identity needs better than any potential alternative as it would confirm child's identity with psychological family while preserving opportunity to know birth parents and to understand why does not live with them - where adoption plans make inadequate provision for birth parent contact - held, that making of an adoption order, in conjunction with orders securing birth parent contact, is clearly preferable to any other order that could be made with respect to care of child FAMILY LAW AND CHILD WELFARE - child welfare under State legislation - adoption - whether consent of birth parents should be dispensed with - as making adoption order would promote child's welfare, necessarily also in child's best interests to make consent dispense order so as to allow the adoption order to be made Legislation Cited: (Cth) Family Law Act 1975, s 64B (NSW) Adoption Act 2000, s 8(1), s 8(2), 23(2), s 24(1)(a), s 28, s 50, s 59, s 67(1)(d), s 72, s 87, s 88, s 90(1), s 90(2), s 90(3), s 91, s 101. (NSW) Children and Young Persons (Care and Protection) Act 1998, s 90 Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033 Adoption of SRB, CJB and RDB [2014] NSWSC 138 Director-General, Dept of Community Services v D and Ors [2007] NSWSC 762; (2007) 37 Fam LR 595 Re D; Application of A [2006] NSWSC 1056 Re TVK [2012] NSWSC 1629 Category: Principal judgment Parties: Secretary, Department of Family and Community Services (plaintiff) MLC (defendant) Representation: Counsel: Ms E Lawson (plaintiff) Ms E Pender (defendant) Solicitors: Crown Solicitor's Office (plaintiff) Winn Legal (defendant) File Number(s): A122/2013