Adoption of A [2019] NSWSC 1780

Supreme Court New South Wales

Medium Neutral Citation: Adoption of A [2019] NSWSC 1780 Hearing dates: 3 December 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption Orders Made Catchwords: ADOPTION – whether adoption is in the best interests of the child – adoption clearly preferable Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Adoption of Hogarth (No 2) [2019] NSWSC 9 Texts Cited: n/a Category: Principal judgment Parties: Secretary, New South Wales Department of Communities & Justice (plaintiff) Birth mother (defendant) Representation: Counsel: Ms R Dart (plaintiff) No representation (birth mother)

Solicitors: NSW Crown Solicitors (plaintiff) Birth mother (on phone, self represented) File Number(s): 2019/33762

Judgment 1. This matter concerns the adoption of E A born September 2015. 2. By Summons filed 31 January 2012, the Secretary, NSW Department of Communities and Justice seeks the following: 1. That pursuant to Adoption Act 2000, s 67(1)(d), the consent of the child's birth mother, S A, be dispensed with; 2. That pursuant to Adoption Act 2000, s 67(1)(a), the consent of the child's birth father be dispensed with; 3. That pursuant to Adoption Act 2000, s 88(4), the court dispense with the giving of the notice on the child's birth father; 4. An order for the adoption of the child E A in favour of the adopting parents X B and Y B; 5. An order approving the name "B" as the surname and "E F" as the given names of the child. 1. The matter was listed for hearing on 3 December 2019. Counsel appeared for the Secretary and the birth mother appeared by telephone. 2. Having heard the matter and carefully considered the materials as well as having heard from the birth mother I made orders for the adoption of E. As is my practice in this type of matter, I now publish my reasons in full amplifying my ex tempore reasons.