Adoption of BJW, JWW, CMW and LW [2015] NSWSC 2084

Supreme Court New South Wales

Medium Neutral Citation: Adoption of BJW, JWW, CMW and LW [2015] NSWSC 2084 Hearing dates: 14 July 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: Adoption orders made; proposed names approved. Catchwords: FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – where children have given sole consent – availability of adoption order without consent of natural parents – where requisite notice given to natural parents – whether the making of an adoption order is clearly preferable to any other order that could be made with respect to the care of the children – where restoration of child to birth parents not proposed – no requirement to dispense with consent of natural parents – weight to be given to children's wishes – where adoption would serve children's identity needs as it would confirm the children's identity with their psychological family and as the children have no desire for contact with natural parents – where adoption plans do not provide for contact with natural parents – where s 91 reporter confirmed that contact with natural parents would not be in children's best interests – held, that the making of an adoption order is clearly preferable to any other order that could be made with respect to the care of the children.

FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – names of children – where children seek change to second forename to accord with adoptive mother's family – where given names should, as far as practicable, be preserved – where regard is to be given to children's wishes – where desire for name change is well-considered and founded on rational reasons – where name change is in best interests of children – held, changes to children's second forenames ordered. Legislation Cited: (NSW) Adoption Act 2000, s 8(1), s 8(2), s 23(2), s 24(1), s 28(1), s 28(3), s 28(4), s 54(3), s 55, s 72, s 88, s 91, s 101(2), s 101(4), s 101(5) Category: Principal judgment Parties: Secretary, NSW Department of Family and Community Services (plaintiff) JJJW (defendant birth father) RGE and SE (proposed adoptive parents) Representation: Counsel: T Stevens (plaintiff)