Adoption of BR [2018] NSWSC 1009

Supreme Court New South Wales

Medium Neutral Citation: Adoption of BR [2018] NSWSC 1009 Hearing dates: 16 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: The Secretary would be justified in placing the child with the identified couple as prospective adoptive parents. Catchwords: FAMILY LAW AND CHILD WELFARE - child welfare under State legislation – adoption – child of Aboriginal heritage – where one birth parent of Aboriginal heritage – where consultation with approved Aboriginal consultant– whether consultation has occurred with relevant organisation – where Aboriginal birth parent is reluctant to involve paternal family – where consultation dependant on confirmation of birth parent's Aboriginality – whether Aboriginal placement principles applied – where no prospective Aboriginal adoptive parents – where prospective non-Aboriginal adoptive parents have capacity to assist in development of positive cultural identify Legislation Cited: (NSW) Adoption Act 2000, s 4, s 33, s 34, s 35, s 80, s 84, s 195 Cases Cited: Angus v Salier [2017] NSWSC 198; Gondarra v Minister for Family, Housing, Community Services and Indigenous Affairs [2014] FCA 25 The Crown v Secretary of State for Social Services, ex parte Association of Metropolitan Authorities [1986] 1 WLR 1; Category: Principal judgment Parties: Secretary, NSW Department of Family & Community Services (plaintiff) Representation: Counsel: Dr M Barnett (plaintiff)

Solicitors: Crown Solicitor's Office (plaintiff) File Number(s): A128 of 2017