In the matter of O; In the matter of S [2019] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: In the matter of O; In the matter of S [2019] NSWSC 20 Hearing dates: 17 and 18 December 2018 Decision date: 30 January 2019 Jurisdiction: Equity - Adoptions List Before: Black J Decision: Orders made dispensing with the consent of birth mother and birth father to the adoption. Orders made for the adoption of S and O in favour of proposed adoptive parents and the name proposed for S and O is approved with an additional middle name. Catchwords: FAMILY LAW AND CHILD WELFARE – adoption – where two siblings have been separated and each 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 – extent of contact with birth mother and between siblings – where adoption order is in the children's best interests – where adoption is preferable to other courses – whether an adoption order should be made. Legislation Cited: - Adoption Act 2000 (NSW) ss 8, 67, 90, 91, 101 - Children and Young Persons (Care and Protection) Act 1998 (NSW) - Family Law Act 1975 (Cth) - Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: - Adoption of KH [2015] NSWSC 274 - Adoption of NG (No 2) [2014] NSWSC 680 - Adoption of RCC and RZA [2015] NSWSC 813 - Director-General, Department of Family and - Community Services; Re TVK [2012] NSWSC 1629 - Re ASK and the Adoption Act 2000 [2017] NSWSC 521 - Re DYK and the Adoption Act 2000 [2005] NSWSC 1045 - Re Infant, K and the Adoption of Children Act [1973] 1 NSWLR 311 - Re K and the Adoption Act 2000 [2005] NSWSC 858 - Secretary, Department of Family and Community Services; Re C and the Adoption Act 2000 (NSW) [2014] NSWSC 1007 Category: Principal judgment Parties: A18 of 2018 and A19 of 2018 Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia (First Plaintiff) Alana Baker (First Defendant) Representation: Counsel: R Dart (Plaintiff) (both matters) J Harris (First Defendant) (both matters)