Application C and C; re Y [2014] NSWSC 634

Application C and C; re Y [2014] NSWSC 634

The birth father's identity and whereabouts were unknown. Although the birth mother's identity was known and she had consented before the Taipei District Court, her consent was not in accordance with the Adoption Act 2000. Given CSS's stated inability to contact a former legal guardian for new or additional consent, the need to respect CSS protocols, the mother's relinquishment of authority over the child under Taiwanese adoption processes, and the unreasonableness of requiring the applicants to locate and seek further consent from her themselves, the birth mother could not, after reasonable enquiry, be found within the meaning of s 67(1)(a). The statutory test for dispensing with both...

Jurisdiction
Australia
Judgment Date
23 May 2014
Procedural Posture
Application for Adoption Order and Dispensation of Parental Consent / In Chambers; Principal Judgment
Outcome
Parental consent and notice requirements were dispensed with and an adoption order was made in favour of Mr and Mrs C.
Legal Topics
['adoption Act 2000 S 67(1)(a)' 'dispensing With Parental Consent' 'intercountry Adoption' 'recognition of Foreign Adoption Orders']
['adoption Law' 'statutory Construction'] ['adoption Act 2000 S 67(1)(a)' 'dispensing With Parental Consent' 'intercountry Adoption' 'recognition of Foreign Adoption Orders']

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Procedural Posture

Application for Adoption Order and Dispensation of Parental Consent / In Chambers; Principal Judgment

Legal Issues

  1. 1 ["Whether the consent of the child's birth parents could be dispensed with under s 67(1)(a) of the Adoption Act 2000 because they cannot, after reasonable enquiry, be found or identified." "Whether the birth mother's prior consent in the Taipei District Court was effective consent for the purposes of the Adoption Act 2000." 'Whether an adoption order made in Taiwan could be recognised in New South Wales under s 108 of the Adoption Act 2000.']

Ratio Decidendi

The birth father's identity and whereabouts were unknown. Although the birth mother's identity was known and she had consented before the Taipei District Court, her consent was not in accordance with the Adoption Act 2000. Given CSS's stated inability to contact a former legal guardian for new or additional consent, the need to respect CSS protocols, the mother's relinquishment of authority over the child under Taiwanese adoption processes, and the unreasonableness of requiring the applicants to locate and seek further consent from her themselves, the birth mother could not, after reasonable enquiry, be found within the meaning of s 67(1)(a). The statutory test for dispensing with both...

Court Disposition

Parental consent and notice requirements were dispensed with and an adoption order was made in favour of Mr and Mrs C.

Orders

  • ["Order that the requirement of the consent of the child's birth mother to the adoption of Y by Mr and Mrs C be dispensed with." "Order that the requirement of the consent of the child's birth father to the adoption of Y by Mr and Mrs C be dispensed with." "Order that the requirement of notice of the application for...