Re the Adoption of GJJM and IHD [2019] NSWSC 1822

Supreme Court New South Wales

Medium Neutral Citation: Re the Adoption of GJJM and IHD [2019] NSWSC 1822 Hearing dates: In Chambers Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Equity Before: Hallen J Decision: See paragraph [180] Catchwords: ADOPTION — FAMILY LAW AND CHILD WELFARE — Child welfare under State legislation — Application for the adoption of two children, who are maternal siblings of the half blood, in favour of a married couple — Father of the first child opposed orders until directions hearing and then withdrew opposition, whilst not consenting to the adoption orders — Father of the second child and the mother of the children did not consent but did not appear or otherwise participate in the proceedings — Whether consent of children's birth parents should be dispensed with — Whether proposed name change for each child to include surname of proposed adoptive parents, and inclusion of the surname of the birth father of first child, should be approved

FAMILY LAW AND CHILD WELFARE — Amended Paternal Adoption Plan — Adoption plan — Whether the arrangements in the adoption plan are in the children's best interests and are proper in the circumstances — registration of paternal Adoption Plan of first child — Where registration would mitigate residual risk in respect of birth father's contact with first child — Whether amended Paternal Adoption Plan should be registered – Late consent to amended Paternal Adoption Plan agreed to by the birth father Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adoption of BL [2018] NSWSC 391 Adoption of IEK [2019] NSWSC 171 Adoption of NG (No 2) [2014] NSWSC 680 Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Mace v Murray (1955) 92 CLR 370; [1955] HCA 2 Re Adoption of RCC [2015] NSWSC 813 Re K & The Adoption Act 2000 [2005] NSWSC 858 Re the Adoption of CCS and FLS [2019] NSWSC 71 Texts Cited: N Ross and J Cashmore, "Adoption reforms New South Wales style: A comparative look" (2016) 30 Australian Journal of Family Law 51 Category: Principal judgment Parties: Secretary for the Department of Family and Community Services by his delegate Principal Officer, Adoptions, Barnardos Australia (Plaintiff) GSM (Defendant) Representation: Solicitors: Crown Solicitor's Office (Plaintiff)