Adoption of MSAT [2014] NSWSC 1950

Supreme Court New South Wales

Medium Neutral Citation: Adoption of MSAT [2014] NSWSC 1950 Hearing dates: Tuesday 21 October 2014 Date of orders: 21 October 2014 Decision date: 21 October 2014 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: Leave to apply for adoption granted. Consent dispense orders made. Adoption order made Catchwords: FAMILY LAW AND CHILD WELFARE – adoption – non-citizen child – child born in United Arab Emirates – not a party to Inter-Country Adoption Convention – not a prescribed overseas jurisdiction – whether foster and custody agreements executed in United Arab Emirates comply with Adoption Act s 116 – whether s 116 applies to 'agreements' transferring guardianship – held that only applicable to judicial or administrative orders – whether adoption under United Arab Emirates law placed parents generally in relation to the child in the position of parents – held that it did not – held that adoption not entitled to recognition.

FAMILY LAW AND CHILD WELFARE – adoption – non-citizen child – where application not made by Director-General – whether adoption order on application made by adoptive parents may be made – held that Director-General's consent required. Legislation Cited: (NSW) Adoption Act 2000, s 8, s 31(1)(a), s 67, s 72(1), s 87(1)(a), s 88(1), s 88(4), s 91, s 116, s 117, Ch 4 (NSW) Adoption of Children Act 1965, s 46 (Cth) Immigration (Guardianship of Children) Act 1946, s 11 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994, reg 1.04, Sch 2 cl 102.211 (NSW) Uniform Civil Procedure Rules 2005, r 56.10 Cases Cited: Bouton v Labiche (1994) 33 NSWLR 225 Public Trustee v Kehagias [2009] NSWSC 972 Re DYK & The Adoption Act 2000 [2005] NSWSC 1045 Re M and the Adoption of Children Act (1989) 13 Fam LR 333 Texts Cited: DE Miller, "UAE comes to aid of growing numbers of parentless children" The Medias Line, 4 November 2010; Government of the United Arab Emirates, Ministry of Social Affairs website, Completed Initiatives K O'Halloran, The Politics of Adoption: International Perspectives on Law, Policy & Practice (Springer, 2nd ed, 2009) Category: Principal judgment Parties: MSRAT (child) MTW (first plaintiff/adoptive mother) AWC (second plaintiff/adoptive father) Representation: Counsel: A Stratigos (solicitor) (plaintiffs)