Application of KLP and JSP [2012] NSWSC 837

Application of KLP and JSP [2012] NSWSC 837

The adoptive parents had already possessed the original birth certificate and had provided it to the Court as evidence in support of their adoption application; they were not applying for supply of the certificate under s 138. The amendments to the Adoption Act 2000 made clear that there was no policy against adoptive parents having the original certificate, and the former administrative practice of retaining it was no longer appropriate. The original birth certificate should therefore be returned to the applicants, with a copy retained on the Court file.

Jurisdiction
Australia
Judgment Date
24 July 2012
Procedural Posture
Adoption; Access to Adoption Information / In Chambers; Request for Return of Adopted Child's Original Birth Certificate After Adoption Order
Outcome
The original birth certificate of GSP was ordered to be returned to the adoptive parents.
Legal Topics
['access to Adoption Information' 'original Birth Certificate' "adoptive Parents' Rights" 'court Retention and Return of Evidence']
['adoption Law' 'civil Procedure'] ['access to Adoption Information' 'original Birth Certificate' "adoptive Parents' Rights" 'court Retention and Return of Evidence']

Case Brief

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Procedural Posture

Adoption; Access to Adoption Information / In Chambers; Request for Return of Adopted Child's Original Birth Certificate After Adoption Order

Legal Issues

  1. 1 ["Whether the adoptive parents were entitled to the return of the adopted child's original birth certificate that they had furnished to the Court in support of the adoption application." "Whether the Court's administrative practice of retaining original birth certificates for Australian-born adopted children remained appropriate after amendments facilitating open access to adoption information."]

Ratio Decidendi

The adoptive parents had already possessed the original birth certificate and had provided it to the Court as evidence in support of their adoption application; they were not applying for supply of the certificate under s 138. The amendments to the Adoption Act 2000 made clear that there was no policy against adoptive parents having the original certificate, and the former administrative practice of retaining it was no longer appropriate. The original birth certificate should therefore be returned to the applicants, with a copy retained on the Court file.

Court Disposition

The original birth certificate of GSP was ordered to be returned to the adoptive parents.

Orders

  • ['The original birth certificate be returned to the Applicants.' 'A copy should be made and retained in the Court file.']