Adoption of Taylor-Clay [2019] NSWSC 27

Supreme Court New South Wales

Medium Neutral Citation: Adoption of Taylor-Clay [2019] NSWSC 27 Hearing dates: 16 August 2018 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Equity - Adoptions List Before: Brereton J Decision: Adoption would promote best interests of children and is clearly preferable to any other action that can be taken by law. Maternal adoption plan is proper in the circumstances, but not satisfied that paternal adoption plan is proper in the circumstances, which precludes making an adoption order unless remedied. Upon adoption children should retain as additional middle names their current surname. 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 – respective advantages and disadvantages of restoration, adoption, parental responsibility to carer and parental responsibility to Minister – relative advantages of adoption vis-à-vis long term foster care – held, benefits of adoption outweigh benefits of preserving opportunity for future restoration – held, adoption would promote children's best interests and is clearly preferable to any other order that could be made with respect to care of children.

FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – adoption plans – where plan provides inadequate opportunities for child to know and develop relationship with birth father, including in event of his incarceration – held, plan not proper in the circumstances.

FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – consent – dispensing with consent – where adoptive applicants are approved carer with whom children have an established relationship – where Children's Court has allocated parental responsibility to Minister to age 18 – where adoption would promote children's best interests and is clearly preferable to any other order that could be made with respect to care of children – held, in children's best interests to make consent dispense order so as to permit adoption orders to be made.