Adoption of IEK [2019] NSWSC 171

Supreme Court New South Wales

Medium Neutral Citation: Adoption of IEK [2019] NSWSC 171 Hearing dates: 26 – 28 November 2018 Date of orders: 01 March 2019 Decision date: 01 March 2019 Jurisdiction: Equity - Adoptions List Before: Robb J Decision: (1) The Court makes orders in terms of prayers 1 and 2 of the summons.

(2) Subject to the Court being satisfied with the revised maternal adoption plan to be provided in accordance with par (3), in accordance with the requirements of s 90(2) of the Adoption Act 2000 (NSW), the Court will make orders in the terms of prayers 3 to 6 of the summons.

(3) The Secretary, by his delegate, the Principal Officer, Barnardos Australia, together with the birth mother and the proposed adoptive mother are directed to confer for the purpose of seeking to agree upon the terms of a revised maternal adoption plan in accordance with the reasons for judgment, and in particular par 294.

(4) The persons referred to in par (3) are directed to inform the Associate to Robb J within four weeks of the publication of these reasons for judgment of the position reached between them concerning the preparation of a revised maternal adoption plan for the purpose of the Court making such directions for the further conduct of the proceedings as may be appropriate, and if necessary the determination of the terms of an appropriate maternal adoption plan. Catchwords: FAMILY LAW AND CHILD WELFARE – child welfare under State legislation – adoption – contested adoption – whether an adoption order should be made – whether the best interests of the child will be promoted by the adoption – whether adoption is clearly preferable to all alternatives that may be available by law