Adoption of J [2016] NSWSC 1098

Supreme Court New South Wales

Medium Neutral Citation: Adoption of J [2016] NSWSC 1098 Hearing dates: 14 July 2016 Date of orders: 11 August 2016 Decision date: 11 August 2016 Jurisdiction: Equity Before: Hallen J Decision: 1) Declares, pursuant to Status of Children Act 1996 (NSW), s 21(2), that Mr P is the father of J.

2) Orders, pursuant to Births Deaths and Marriages Registration Act 1995 (NSW), s 19(2), that Mr P be included as the father of J in the Register of Births Deaths and Marriages.

3) Orders, pursuant to Adoption Act 2000 (NSW), s 67(1)(d), that the consent of the child's natural mother, Ms R, be dispensed with.

4) Orders, pursuant to Adoption Act, s 67(1)(d), that the consent of the child's natural father, Mr P, be dispensed with.

5) Orders for the adoption of the child, J, in favour of the adopting parents, Mr Y and Mrs Y.

6) Orders that the name "Y" as the surname and "JJ" as the given names of the child be approved. Catchwords: FAMILY LAW - Adoption - Application for declaration of paternity of child - Application for orders dispensing with consent of birth parents - Application for approval of change of middle and last name - Whether name change is in child's best interests Legislation Cited: Adoption Act 2000 (NSW) Births Deaths and Marriages Registration Act 1995 (NSW) Children and Young Persons (Care and Protection Act 1998 (NSW) Status of Children Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033 Adoption of GWL [2013] NSWSC 1527 Adoption of KH [2015] NSWSC 274 Adoption of NG [2014] NSWSC 680 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 Director-General, Department of Community Services v Adoptive Parents [2005] NSWCA 385 Application of AW and IW Re Children J and J [2011] NSWSC 1529 Application D and D; Re Y [2013] NSWSC 1477 Application of H & H, child JW [2011] NSWSC 93 Director-General, NSW Department of Family and Community Services; re D [2012] NSWSC 223 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Director General Department of Human Services; Re M [2011] NSWSC 369 H, AM v L, L [2013] SASC 7 NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Deceased) v Gregory [2012] NSWSC 681 Oxfordshire County Council v X [2010] EWCA Civ 581; [2010] Fam Law 790 Re Adoption of RCC [2015] NSWSC 813 Re G [2013] EWCA Civ 965 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re KSE & Adoption Act 2000 [2006] NSWSC 92 Taylor v Taylor [1979] HCA 38; (1979) 143 CLR 1 Category: Principal judgment Parties: Restricted Representation: Counsel: Ms T Stevens (Applicant) First and second Defendants (no representation and did not appear)