Re the Adoption of AJH [2017] NSWSC 1751

Supreme Court New South Wales

Medium Neutral Citation: Re the Adoption of AJH [2017] NSWSC 1751 Hearing dates: 13 – 15 November 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court:

(a) Orders, pursuant to Adoption Act 2000 (NSW), s 67(1)(d), that the consent of the AJH's father, APF, and her mother, MLH, be dispensed with.

(b) Orders that AJH be adopted by the adopting parents, EGK and JRK, and that the name "K" as the surname and "AJ" as the forenames of AJH be approved.

(c) Orders pursuant to Adoption Act 2000 (NSW), s 50(3), that the amended Paternal Adoption Plan dated 15 November 2017, a copy of which is Ex. P5, be, and is hereby, registered.

(d) Notes that neither party has made an application for the Maternal Adoption Plan dated 28 November 2016 (Ex. P1/392) to be registered. Catchwords: FAMILY LAW AND CHILD WELFARE — Child welfare under State legislation - Application for the adoption of a child in favour of a married couple - Father of the child opposes orders - Mother of the child does not consent but did not appear at the hearing –– Whether consent of child's birth parents should be dispensed with – Whether order for adoption of child should be made in favour of proposed adoptive parents – Whether proposed name change for child to include surname of proposed adoptive parents, and remove surname of the mother, should be approved Legislation Cited: Adoption Act 1993 (ACT) Adoption Act 2000 (NSW) Adoption Regulation 2015 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Family Law Act 1975 (Cth) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adoption of JLK and CRK [2017] NSWSC 7 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40 Application of AW and IW Re Children J and J [2011] NSWSC 1529 Application D and D; Re Y [2013] NSWSC 1477 Application of H and H, child JW [2011] NSWSC 93; (2011) 45 Fam LR 681 B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam) CDJ v VAJ (No 2) (1998) 197 CLR 172; [1998] HCA 76 Department of Family & Community Services and LH; Re R [2011] NSWSC 551 Director-General, Dept of Community Services v D & Ors [2007] NSWSC 762 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Director General Department of Human Services; Re M [2011] NSWSC 369 Down Lisburn Health & Social Services Trust & Anor v H & Anor [2006] UKHL 36 In the matter of Campbell [2011] NSWSC 761 In the matter of D (A Child) [2014] EWFC 39 In the matter of W (A Child) [2017] EWHC 829 (Fam) J v C [1970] AC 668 Kate and William, Re– Reduction of Post Adoption Contact [2017] NIFam 13 Northern Territory v GPAO (1999) 196 CLR 553; [1999] HCA 8 Oxfordshire County Council v X [2010] Fam Law 790; [2010] EWCA Civ 581 Re Adoption of D [2008] ACTSC 44 Re Adoption of KH [2015] NSWSC 274 Re B (A Minor) [2002] 1 WLR 258; [2001] UKHL 70 Re Evelyn [1998] FamCA 55 Re G (A Child) [2013] EWCA Civ 965 Re Infant, K & the Adoption of Children Act [1973] 1 NSWLR 311 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re K (a minor) [1990] 3 All ER 795; [1990] 1 WLR 431 Re Peter [2009] NSWSC 697 Re S-B (Children) (Care Proceedings: Standard of Proof) [2010] 1 AC 678; [2009] UKSC 17 Re W (A Child) (Adoption: Grandparents' Competing Claim) [2017] 1 WLR 889; [2016] EWCA Civ 793 Re WS (No 3) [2017] NSWSC 1160 Rice v Miller (1993) 16 Fam LR 970 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnardos Australia v MB and JW [2017] NSWSC 1087 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR & CD [2016] NSWSC 1926 Secretary, New South Wales Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia; Re JLR [2015] NSWSC 926 Taylor v Taylor (1979) 143 CLR 1; [1979] HCA 38 Texts Cited: Lord Wilson, 'Adoption: Complexities Beyond the Law' (Speech delivered at the Denning Society Lecture at Lincoln's Inn, 13 November 2014) Category: Principal judgment Parties: The Secretary, NSW Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia (Plaintiff)