Re: Adoption of ‘T’: Anonymised [2020] NSWSC 158

Supreme Court New South Wales

Medium Neutral Citation: Re: Adoption of 'T': Anonymised [2020] NSWSC 158 Hearing dates: 3 February 2020 Date of orders: 03 February 2020 Decision date: 03 February 2020 Jurisdiction: Equity - Adoptions List Before: Sackar J Decision: Adoption order made Catchwords: FAMILY LAW – Children – Adoption – Whether adoption clearly preferable – whether adoption is in child's best interests – consent –change of name Legislation Cited: Adoption Act 2000 (NSW) Cases Cited: Adoption of Hogarth (No 2) [2019] NSWSC 9 Adoption of KH [2015] NSWSC 274 Texts Cited: n/a Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice (Plaintiff) Birth mother (Defendant) Representation: Solicitors: Crown Solicitor of NSW (Plaintiff) Self-represented (Defendant) File Number(s): 2019/261996

Judgment 1. These proceedings concern the adoption of TSU ('T') in favour of VNX ('the proposed adoptive parent'). 2. The Secretary, New South Wales Department of Communities and Justice ('the Secretary') by Summons filed 22 August 2019, seeks the making of the following Orders: An order for the adoption of the child TSU in favour of the adopting parent VNX. That pursuant to Adoption Act 2000, s.101(1) the court approves the name "X" as the surname and "TS" as the given names of the child. 1. The birth mother filed a notice of appearance on 4 September 2019. However, on 20 January 2020, she wrote to the Court to advise that she no longer wished to participate in the proceedings although she did not support the adoption. In her letter she stated: I am writing this letter to say I am not happy about the adoption and never will be but I fully understand that is T's choice and I fully understand and respect that. I just want her to be happy and that what really matters to me (sic). 1. The birth mother confirmed the intentions expressed in her letter via telephone during the hearing. The birth father passed away before T was born. 2. The proceedings were conducted before me on 3 February 2020. At the conclusion of the hearing, I gave short reasons and made the orders sought by the Secretary. I now publish my reasons in full.