Adoption of R [2017] NSWSC 270

Supreme Court New South Wales

Medium Neutral Citation: Adoption of R [2017] NSWSC 270 Hearing dates: 31 August 2016; further expert reports received 25 September 2016 and 29 October 2016; further submissions received 13 February 2017, 24 February 2017 and 10 March 2017 Decision date: 20 March 2017 Before: Stevenson J Decision: Adoption order refused Catchwords: ADOPTION – application by sister to adopt now adult brother – where sister has acted in maternal role for much of brother's life - where applicant sister and brother in regular contact with birth parents – where adoption order said to legitimise de facto relationship akin to mother and son between sister and brother – where adoption order said to be a tool whereby brother can achieve psychological independence from his birth parents – where birth parents consent to adoption order being made Legislation Cited: Adoption Act 2000 (NSW) Australian Citizenship Act 2007 (Cth) Cases Cited: Re A & B and the Adoption of Children Act (1965) [2003] NSWSC 595 Application of M [1999] NSWSC 497 Application by the Director-General, NSW Department of Community Services: Adoption of DR by DCB and HMB [2000] NSWSC 22 Texts Cited: New South Wales Law Reform Commission, Report 81 – Review of the Adoption of Children Act 1965, (1997) Category: Principal judgment Parties: S (Applicant) R (Child) Attorney General of New South Wales (Intervener) Representation: Counsel: M Neville (Applicant and Child) C McGorey (Intervener)