NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Re ASK and the Adoption Act 2000 [2017] NSWSC 521 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court:
1) Declares, pursuant to Status of Children Act 1996 (NSW), s 21(2), that D-NW is the father of ASK.
2) Orders, pursuant to Births Deaths and Marriages Registration Act 1995 (NSW), s 19(2), that D-NW be included as the father of ASK 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, NHM, be dispensed with.
4) Orders, pursuant to Adoption Act 2000 (NSW), s 88(4), that the Court dispense with the giving of notice on NHM.
5) Orders for the adoption of the child, ASK, in favour of the adopting parents, BCB and KM.
6) Orders that the name "M" as the surname and "ASKM" as the given names of the child be approved.
7) Authorises the publication of the reasons for Judgment, but of no other document relating to the proceedings. Catchwords: FAMILY LAW - Adoption - Application for declaration of paternity of child - Application for orders dispensing with consent of birth parents - Application for adoption - Application for approval of change of last name of child - Whether name change is in child's best interests Legislation Cited: Adoption Act 2000 (NSW) Adoption Regulation 2015 (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: Application of AW and IW Re Children J and J [2011] NSWSC 1529 Adoption of BS (No 3) [2013] NSWSC 2033 Adoption of GWL [2013] NSWSC 1527 Adoption of KH [2015] NSWSC 274 Adoption of NG (No 2) [2014] NSWSC 680 Application of O and P [2005] NSWSC 1297 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of SVS [2015] NSWSC 2043 Application D and D; Re Y [2013] NSWSC 1477 Application of H & H, child JW [2011] NSWSC 93 Director-General, Department of Community Services v Adoptive Parents [2005] NSWCA 385 Director-General, NSW Department of Family and Community Services; re D [2012] NSWSC 223 Director-General; Re JS [2013] NSWSC 306 Director General Department of Human Services; Re M [2011] NSWSC 369 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Farnell v Penhalluriack (No 2) [2008] VSC 214 H, AM v L, L [2013] SASC 7 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 & The Adoption Act 2000 [2006] NSWSC 92 Re M [2002] NSWSC 158 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (Plaintiff) D-NW (Defendant) Representation: Solicitors: Crown Solicitor (Plaintiff) File Number(s): A153/2016
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