Application of D [2010] NSWSC 1189

Application of D [2010] NSWSC 1189

An adoption order in favour of D will only be made upon receiving evidence that M has given effective consent in accordance with statutory requirements and that D and M are still living together; there are no grounds to dispense with the consent requirement.

Parties
Step Parent Applicant: D; Child's Mother: M
Jurisdiction
Australia
Judgment Date
14 October 2010
Procedural Posture
Application for Adoption Order / Judgment Pending Further Evidence
Outcome
adoption order to be made on evidence of effective consent and cohabitation
Legal Topics
Adoption, Step Parent Adoption, Parental Consent, Dispensing With Consent
Family Law Equity Adoption Step Parent Adoption Parental Consent Dispensing With Consent

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Parties

D

Step Parent Applicant

M

Child's Mother

Procedural Posture

Application for Adoption Order / Judgment Pending Further Evidence

Legal Issues

  1. 1 Whether the consent of the child's mother is effective under the Adoption Act 2000 (NSW)
  2. 2 Whether there are grounds to dispense with the requirement of effective consent
  3. 3 Whether adoption is in the best interests of the child

Ratio Decidendi

An adoption order in favour of D will only be made upon receiving evidence that M has given effective consent in accordance with statutory requirements and that D and M are still living together; there are no grounds to dispense with the consent requirement.

Court Disposition

adoption order to be made on evidence of effective consent and cohabitation