Adoption of N and J [2017] NSWSC 662

Supreme Court New South Wales

Medium Neutral Citation: Adoption of N and J [2017] NSWSC 662 Hearing dates: 23 May 2017 Date of orders: 23 May 2017 Decision date: 26 May 2017 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Consent dispense orders made; adoption orders made; adoption plan registered Catchwords: ADOPTION – application for adoption by foster carers – where birth mother opposed adoption – where birth mother did not seek to disturb current placement of children – where birth mother contended that an order for permanent placement of children with applicants sufficient to promote children's interests – where birth mother anticipated possible restoration of children to her care – where no realistic prospect of restoration – where children have expressed wish to be adopted Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of NG (No 2) [2014] NSWSC 680 Re TVK [2012] NSWSC 1629 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (Plaintiff) O'D (Defendant) Representation: Counsel: T Stevens (Plaintiff) R Lee (Defendant)

Solicitors: Crown Solicitor's Office NSW (Plaintiff) CBD Legal (Defendant) File Number(s): A100/2016

Judgment 1. On 23 May 2017, on the application of the Secretary, NSW Department of Family and Community Services, I made orders concerning the adoption by a married couple, who I will identify as Mr and Mrs J, of two children who I will identify as N and J. 2. Those orders were to the effect that: 1. pursuant to s 67(1)(d) of the Adoption Act 2000 (NSW) ("the Act"), the consent of the children's birth mother, (who l will refer to as Ms O'D, and who opposed the making of an adoption order), N's birth father (who did not), and J's birth father (who has died) be dispensed with; 2. pursuant to s 72(2) of the Act, the requirement to give notice of the application for the adoption order and the consent dispense order to J's birth father be dispensed with; 3. the children be adopted by Mr and Mrs J; 4. Mr and Mrs J's surname be approved as the surname of each child and that particular given names (which include their birth surname) be approved as their given names; and 5. pursuant to s 50 of the Act, a Maternal Adoption Plan (signed earlier on 23 May 2017 by each of the adopting parents) be registered. 1. I said that I would give my reasons later. These are those reasons.