Re WJP and the Adoption Act 2000 [2014] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: Re WJP and the Adoption Act 2000 [2014] NSWSC 783 Hearing dates: 7 March 2014 Decision date: 12 June 2014 Jurisdiction: Equity Division Before: Kunc J Decision: Consent dispense order and order for adoption made Catchwords: FAMILY LAW - Adoption -Order dispensing with consent - Whether Korean birth parents cannot, after reasonable inquiry, be found or identified - Adoption through intervention of Korean state sponsored agency - Adoption Act 2000 (NSW), s 67(1)(a) Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Application C and C; re Y [2014] NSWSC 634 In the Matter of N and the Adoption Act 2000 [2012] NSWSC 1263 Re K and The Adoption Act 2000 [2005] NSWSC 858 Re KSE and The Adoption Act 2000 [2006] NSWSC 92 Category: Principal judgment Parties: Department of Community Services Representation: Counsel: T. Stevens Solicitors: Crown Solicitor File Number(s): 164/2013 Publication restriction: No

Judgment

Summary 1By summons filed on 14 November 2013 the plaintiffs apply for an order for the adoption in their favour of a child to whom I shall refer as "WJP". 2Subject to the resolution of the issue which is dealt with in these reasons, the Court is satisfied that it is in the best interests of WJP that he be adopted by the plaintiffs. The plaintiffs seek an order under s 67(1)(a) of the Adoption Act 2000 (NSW) (the "Act") dispensing with the consent of WJP's natural parents to his adoption and consequential orders. 3When these proceedings were first referred to me in chambers I was not satisfied on the evidence, as it then stood, that there was a proper basis for an order to be made under s 67 of the Act. Directions were made for the filing of further evidence and for submissions. Having reviewed that further evidence and the written submissions dated 18 May 2014, the Court is satisfied that the orders sought under s 67(1)(a) of the Act and for adoption and consequential orders should be made.