Adoption of Hogarth (No 2) [2019] NSWSC 9

Supreme Court New South Wales

Medium Neutral Citation: Adoption of Hogarth (No 2) [2019] NSWSC 9 Hearing dates: 18, 19, 20 December 2017 Date of orders: 18 January 2019 Decision date: 18 January 2019 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: Adoption would promote best interests of child and is clearly preferable to any other action that can be taken by law, provided that appropriate arrangements are established for birth family contact, but proposed adoption plan is not proper in the circumstances, which precludes making an adoption order unless remedied. Catchwords: FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – whether adoption clearly preferable to any other order that could be made with respect to care of children – where alternatives include restoration to birth parents, or parental responsibility order to carer – where child has established secure bond of attachment with adoptive applicant – where birth parents now have parenting capacity – respective advantages and disadvantages of restoration, adoption, parental responsibility to carer and parental responsibility to Minister – relative risks of severing bond of attachment with carer and adoption – held, risks of severing bond outweigh those of adoption – held, subject to appropriate arrangements for birth parent contact, adoption would promote child's best interests and is clearly preferable to any other order that could be made with respect to care of child.

FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – adoption plans – importance of birth family contact in mitigating risks of identity issues potentially associated with adoption – where plan provides inadequate opportunities for child to know and develop relationship with birth parents – held, plan not proper in the circumstances.