Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087

Supreme Court New South Wales

Medium Neutral Citation: Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Hearing dates: 11 April, 20 June, 15 August 2017 Date of orders: 15 August 2017 Decision date: 15 August 2017 Before: Sackar J Decision: See paragraph [24] Catchwords: EQUITY – adoption – whether adoption by the proposed applicants will promote the welfare of the child – whether dispensing with the birth parents' consent is in the best interests of the child – whether the best interests of the child will be promoted by the making of an adoption order and preferable to any other action that could be taken by law in relation to their care – whether the Paternal and Maternal Adoption Plans should be registered – whether the court should order the child's surname to be changed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Adoption Amendment (Same Sex Couples) Act 2010 (NSW) Cases Cited: Barnardos Australia v HR and CD [2016] NSWSC 1926 Texts Cited: n/a Category: Principal judgment Parties: Secretary, Department of Family and Community Services, by its principal, Barnardos Australia (Plaintiff) MB (birth father) JW (birth mother) Representation: Counsel: M Anderson (Plaintiff) No appearance (birth father) Appeared in person (birth mother)

Solicitors: Crown Solicitors Office (Plaintiff) No representation Appeared in person File Number(s): A79 of 2016