Adoption of BL [2018] NSWSC 391

Supreme Court New South Wales

Medium Neutral Citation: Adoption of BL [2018] NSWSC 391 Hearing dates: 23 August 2017 (prel conf) , 23 November 2017 (prel conf), 8 February 2018, (prel conf) , 26, 27 March 2018 Date of orders: 28 March 2018 Decision date: 28 March 2018 Before: Sackar J Decision: Adoption Orders Made – See paragraph [61] Catchwords: ADOPTION – application for adoption – contested adoption – whether adoption order should be made – whether dispensing with the birth parents' consent is in best interests of the child Legislation Cited: Adoption Act 2000 (NSW) Category: Principal judgment Parties: Secretary, NSW Department of Family & Community Services (Plaintiff) HC (first defendant) VM (second defendant) Representation: Counsel: Ms Hartstein (Department) HC (self represented) VM (self represented)

Solicitors: Crown Solicitors (plaintiff) Self represented (birth mother) Self represented (birth father) File Number(s): A093/2017

Judgment

The Proceedings 1. The Secretary for the Department of Family and Community Services applies for the making of an adoption order under the Adoption Act 2000 with respect to the child BL born October 2012. 2. The Adoption Order is sought in favour of YS and MA. 3. BL's birth parents HC and VM are the defendants to the application. They oppose the orders sought. 4. In the summons filed on 16 June 2017 the Secretary seeks the making of orders in particular the dispensing with the consent of HC and VM and for the adoption of BL by YS and MA. 5. The evidence relied upon by the Secretary includes amongst other things a Section 91 report completed by TR the Adoption Case Manager from Anglicare dated 25 May 2017 and a clinical psychological report completed by SD on 5 February 2018.