Adoption Re: P [2019] NSWSC 1623

Supreme Court New South Wales

Medium Neutral Citation: Adoption Re: P [2019] NSWSC 1623 Hearing dates: 13 November 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Discharge of Adoption Order – Orders made Legislation Cited: Adoption Act 2000 (NSW) Child Welfare Act 1939 (NSW) Cases Cited: Adoption of LVH [2014] NSWSC 1902 Re S [1969] VR 490 Re Susan [2009] NSWSC 592 Category: Principal judgment Parties: P (Plaintiff) Attorney General of New South Wales (Intervener) Representation: Counsel: Ms M T England (Intervener)

Solicitors: Self represented (Plaintiff) NSW Crown Solicitor (Intervener) File Number(s): 2019/193559

Judgment 1. By Notice of Motion filed 7 June 2019, P made an application to the Court for an Order discharging her own adoption. 2. The adoption order was made in Chambers by Justice Roper in June 1951 pursuant to the Child Welfare Act 1939 (NSW). 3. On 25 July 2019, a notice of appearance was filed on behalf of the Attorney General of New South Wales on the basis that he may wish to appear in the proceedings in order to assist the Court as amicus curiae or intervener. 4. The matter then came before me for the first time on 14 August 2019. On that date I made orders allowing the Attorney-General of New South Wales access to the original adoption file and the filed affidavit of P. 5. The matter came before me again on 11 September. On that date I was informed by lawyers for the Attorney-General that they wished to appear on an amicus basis. Also on that date I indicated to P and the Attorney-General that I believed that some additional expert evidence from either a psychologist or social worker, as to the ongoing effect of the adoption order on P would be helpful. 6. Subsequently, Ms Dianne Starkey was engaged to review the materials, interview P and prepare a Report on the matter. 7. The matter was listed and heard over one day on 13 November 2019. I was greatly assisted by lawyers for the Attorney-General who provided detailed submissions to the Court, in particular Ms England and Ms Hailstone. 8. On the 13 November after brief submissions from Counsel for the Attorney-General, P made a short statement to the Court, expressing her distress at her adoption, and in particular the fact that her birth certificate did not reflect, what she felt, was her true parents and her real identity. 9. After carefully considering the materials and hearing from both Counsel and P, I made Orders discharging the adoption. 10. I indicated that I would publish my reasons in full, these are those.