In the matter of Y [2019] NSWSC 678

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Y [2019] NSWSC 678 Hearing dates: 15 and 16 May 2019 Decision date: 07 June 2019 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 Y in favour of proposed adoptive parents and the name proposed for Y is approved in the manner specified. Catchwords: FAMILY LAW AND CHILD WELFARE – adoption – where child has lived with proposed adoptive parents for significant period of time – where child has always lived separately from two full siblings – whether consent of birth parents should be dispensed with.

FAMILY LAW AND CHILD WELFARE – adoption – where child primarily attached to proposed adoptive parents – where adoption order is in child's best interests – where adoption is preferable to other courses – whether an adoption order should be made. Legislation Cited: - Adoption Act 2000 (NSW) ss 7, 8, 8(2), 8(2)(a), 8(2)(b), 8(2)(c), 8(2)(d), 8(2)(e), 8(2)(f), 8(2)(g)-(i), 8(2)(j), 8(2)(k), 45F, 52, 54, 61, 67, 67(1)(d), 67(1)(d)(ii), 67(2), 90, 90(1), 90(1)(d), 90(1)(h), 90(2), 90(3), 91, 101, 124(5) - Children and Young Persons (Care and Protection) Act 1998 (NSW) ss 43, 44, 90 Cases Cited: - Adoption of KH [2015] NSWSC 274 - Adoption of NG (No 2) [2014] NSWSC 680 - Adoption of RCC and RZA [2015] NSWSC 813 - Re an infant, K, and the Adoption of Children Act [1973] 1 NSWLR 311 - Re ASK and the Adoption Act 2000 [2017] NSWSC 521 - Re DYK and the Adoption Act 2000 [2005] NSWSC 1045 - Re JLR [2015] NSWSC 926 - 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 - Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR and CD [2016] NSWSC 1926 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services (Plaintiff) Birth mother (First Defendant) Birth father (Second Defendant) Representation: Counsel: K Shea (Plaintiff) C E McConaghy (First Defendant) The Second Defendant represented himself