Adoption of AJH and BLH [2014] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: Adoption of AJH and BLH [2014] NSWSC 1133 Hearing dates: In Chambers Decision date: 20 August 2014 Jurisdiction: Equity Division Before: Darke J Decision: Orders for adoption made, and approval given to a change of surname. Catchwords: FAMILY LAW AND CHILD WELFARE - adoption - absence of consent to adoption by parents - whether appropriate to dispense with requirement of parental consent - adoption orders made - approval given to a change of surname Legislation Cited: Adoption Act 2000 (NSW) ss 67(1)(d), 90, 101 Cases Cited: Adoption of NG [2014] NSWSC 680 Category: Principal judgment Parties: Director-General of the Department of Family and Community Services (plaintiff) AJH (child) BLH (child) File Number(s): A35 of 2014 Publication restriction: Nil

Judgment

Introduction 1By a Summons filed on 18 March 2014, the Director-General of the Department of Family and Community Services (by his delegate, the Principal Officer of Barnardos Australia) seeks orders under the Adoption Act 2000 (NSW) ("the Act") for the adoption of two siblings (AJH and BLH) in favour of SAM and AJW ("the proposed adoptive parents"). In the absence of consent to the adoptions from the parents of the siblings, consent dispense orders under s 67(1)(d) of the Act are also sought. Finally, approval is sought for the surnames of each of the children to be changed from "H" to "M-W". 2The application is one that falls within s 87(1)(b) of the Act. The evidence in support of the application includes an affidavit sworn by the proposed adoptive parents, two affidavits sworn by the Principal Officer of Barnardos Australia (an organisation that has been delegated parental responsibility for each of the children), and affidavits sworn by three character referees. The evidence includes a report as required by s 91 of the Act, and an adoption plan entered into between the proposed adoptive parents and the Director-General (again by his delegate, the Principal Officer of Barnardos Australia). 3The parents of the siblings are not parties to the adoption plan as they have not consented to the adoptions and are thus not parties to the adoptions. Only parties to an adoption can be parties to an adoption plan. Nevertheless, each of the parents has signed the adoption plan.