Adoption of P [2017] NSWSC 1537

Supreme Court New South Wales

Medium Neutral Citation: Adoption of P [2017] NSWSC 1537 Hearing dates: 23 September 2017 Date of orders: 11 December 2017 Decision date: 23 November 2017 Jurisdiction: Equity - Adoptions List Before: Robb J Decision: See paragraphs 50-51. Catchwords: ADOPTION — Application for adoption — Whether consent of birth parents should be dispensed with — Whether adoption order should be made — Whether order changing name of the child should be made — Whether maternal and paternal adoption plans should be registered. Legislation Cited: Adoption Act 2000 (NSW). Category: Principal judgment Parties: Secretary, Department of Family and Community Services (plaintiff)

[The child's birth father] (defendant) Representation: Counsel: Ms M Barnett (plaintiff)

Solicitors: Crown Solicitors (plaintiff) File Number(s): A008/2017

Judgment 1. On 31 January 2017, the Secretary of the Department of Family and Community Services (the Secretary) filed a summons seeking an adoption order in respect of a seven year old child who I will refer to in this judgment as 'P'. The Secretary sought that the order be made in favour of P's proposed adopted parents, a couple with whom P has lived since she was seven months old. 2. The Secretary also sought, in addition to an adoption order: 1. A declaration pursuant s 21(2) to the Status of Children Act 1996 (NSW) that P's birth father is the father of P. 2. An order pursuant to s 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW) that P's birth father be included as P's father in the Register of Births, Deaths and Marriages. 3. An order pursuant to s 67(1)(d) of the Adoption Act 2000 (NSW) that the consent of P's birth mother be dispensed with. 4. An order pursuant to s 67(1)(d) of the Adoption Act 2000 (NSW) that the consent of P's birth father be dispensed with. 5. An order that P's surname be changed and that P be given a new middle name. 1. On 23 February 2017, P's birth father filed an appearance in which he indicated that he opposed the making of an adoption order. As a result, the matter was set down for hearing before me on 14 September 2017.