In the matter of S [2018] NSWSC 367

Supreme Court New South Wales

Medium Neutral Citation: In the matter of S [2018] NSWSC 367 Hearing dates: 2 February 2018 (preliminary hearing) 8 March 2018 (substantive hearing) Decision date: 23 March 2018 Jurisdiction: Equity - Adoptions List Before: Black J Decision: Birth mother's and birth father's consent to the adoption dispensed with pursuant to s 67 of the Adoption Act 2000 (NSW). Order for the adoption of S in favour of K and G granted. The proposed name for S approved. Catchwords: FAMILY LAW AND CHILD WELFARE – adoption – where child has established a stable relationship with proposed adoptive parents – whether consent of birth parents should be dispensed with pursuant to s 67 of the Adoption Act 2000 (NSW).

FAMILY LAW AND CHILD WELFARE – adoption – where there is no realistic possibility of restoration of the child to birth parents' care – whether adoption order is in the child's best interests – whether adoption is preferable to other courses – whether an adoption order should be made. Legislation Cited: - Adoption Act 2000 (NSW) ss 7, 8, 43, 52, 54, 67, 90, 91, 101 - Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: - Adoption of KH [2015] NSWSC 274 - Adoption of NG (No 2) [2014] NSWSC 680 - Director General Dept of Human Services; Re M [2011] NSWSC 369 - Re Adoption of RCC and RZA [2015] NSWSC 813 - Re ASK and the Adoption Act 2000 [2017] NSWSC 521 - Re Infant, K and the Adoption of Children Act [1973] 1 NSWLR 311 - Re K and the Adoption Act 2000 [2005] NSWSC 858; Re DYK and the Adoption Act 2000 [2005] NSWSC 1045 - Secretary, Department of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 - Secretary, New South Wales Dept 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) M & T (Defendants) (appearing at preliminary hearing only) Representation: Counsel: M Neville (Plaintiff) H Ginges (Defendants) (prior to 8 March 2018)