In the matter of YL [2023] NSWSC 787

In the matter of YL [2023] NSWSC 787

The application was dismissed because the Chinese adoption order could not be recognised under ss 108-109 of the Adoption Act 2000 (NSW) due to lack of compliance with the Hague Convention and no adoption compliance certificate, s 116 did not apply to adoptions from China as a Convention country, and insufficient evidence was provided to support making a new adoption order in NSW.

Parties
First Plaintiff: LL; Second Plaintiff: DW; Intervener: Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Application for Recognition of Foreign Adoption and Alternative Orders / Final Judgment
Outcome
Application dismissed
Legal Topics
Adoption, Recognition of Foreign Adoptions, Hague Convention, Australian Adoption Act 2000 (nsw) Requirements
Family Law Adoption Recognition of Foreign Adoptions Hague Convention Australian Adoption Act 2000 (nsw) Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

LL

First Plaintiff

DW

Second Plaintiff

Department of Communities and Justice

Intervener

Procedural Posture

Application for Recognition of Foreign Adoption and Alternative Orders / Final Judgment

Legal Issues

  1. 1 Whether an adoption order made in China can be recognised under ss 108 and 109 of the Adoption Act 2000 (NSW)
  2. 2 Whether recognition can be given under s 116 of the Adoption Act 2000 (NSW)
  3. 3 Whether a new adoption order can be made in NSW in relation to YL

Ratio Decidendi

The application was dismissed because the Chinese adoption order could not be recognised under ss 108-109 of the Adoption Act 2000 (NSW) due to lack of compliance with the Hague Convention and no adoption compliance certificate, s 116 did not apply to adoptions from China as a Convention country, and insufficient evidence was provided to support making a new adoption order in NSW.

Court Disposition

Application dismissed

Orders

  • Application is dismissed.
  • Liberty to reapply is reserved if further proper evidence is led.