Re SD and DD [2014] NSWSC 1017

Re SD and DD [2014] NSWSC 1017

The orders sought cannot be made on current material: if adoption by both applicants is sought, both children must consent and the birth mother must provide an affidavit expressing her wish to adopt. If adoption by the stepfather alone is sought, the Court requires advice and direct evidence the applicants are living together to avoid affecting the legal parental relationship with the birth mother; if satisfied, declarations can be made under s 95(3) of the Adoption Act 2000 (NSW).

Parties
1st Applicant: MD; 2nd Applicant: SD
Jurisdiction
Australia
Judgment Date
28 July 2014
Procedural Posture
Application for Adoption / Interlocutory/procedural Ruling
Outcome
Orders not made on present material; further material and indications required
Legal Topics
Adoption, Step Parent Adoption, Consent Requirements, Parental Relationship Under Adoption
Family Law Child Welfare Adoption Step Parent Adoption Consent Requirements Parental Relationship Under Adoption

Case Brief

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Parties

MD

1st Applicant

SD

2nd Applicant

Procedural Posture

Application for Adoption / Interlocutory/procedural Ruling

Legal Issues

  1. 1 Whether an adoption order can be made in favour of both the birth mother and the stepfather where the adult children consent only to stepfather's adoption
  2. 2 Whether order for adoption by stepfather alone affects the parental relationship with the birth mother under relevant statutory provisions
  3. 3 Evidence required to establish ongoing relationship between adoptive stepfather and birth mother

Ratio Decidendi

The orders sought cannot be made on current material: if adoption by both applicants is sought, both children must consent and the birth mother must provide an affidavit expressing her wish to adopt. If adoption by the stepfather alone is sought, the Court requires advice and direct evidence the applicants are living together to avoid affecting the legal parental relationship with the birth mother; if satisfied, declarations can be made under s 95(3) of the Adoption Act 2000 (NSW).

Court Disposition

Orders not made on present material; further material and indications required

Orders

  • If adoption by both applicants is sought, children must consent and mother must make affidavit
  • If adoption by stepfather alone is sought, parties to advise and provide evidence of living arrangements; declarations and birth certificate directions may be made if sought