The Adoption of Milo (a pseudonym) [2023] NSWSC 941

The Adoption of Milo (a pseudonym) [2023] NSWSC 941

Harvey was the proper applicant and proposed adoptive parent because s 24 of the Adoption Act 2000 (NSW) contemplates that an adult adoption applicant is the person who cared for the child before the child turned 18. After Harvey was joined and the evidentiary and jurisdictional requirements were addressed, the Court was satisfied that Harvey was Milo's stepparent, resided or was domiciled in New South Wales, was of good repute and fit and proper, met the age requirements, lived with Alice as his spouse, Alice consented, and the adoption order was clearly preferable in Milo's best interests. Because the adoption was by a stepparent with whom the birth mother was living, s 95(3) meant...

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Adult Adoption Application in the Equity Adoptions List / Preliminary Hearing and Otherwise Dealt With in Chambers; Final Adoption Orders Made
Outcome
Order for adoption made in favour of the stepfather, with declaration preserving the birth mother's legal status as mother.
Legal Topics
['adult Adoption' 'stepparent Adoption' 'proper Applicant for Adoption' 'formal Requirements for Adoption' 'effect of Adoption Order on Birth Parent' 'preliminary Hearing Procedure']
['family Law and Child Welfare' 'adoption Law' 'statutory Construction' 'practice and Procedure'] ['adult Adoption' 'stepparent Adoption' 'proper Applicant for Adoption' 'formal Requirements for Adoption' 'effect of Adoption Order on Birth Parent' 'preliminary Hearing Procedure']

Case Brief

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Procedural Posture

Adult Adoption Application in the Equity Adoptions List / Preliminary Hearing and Otherwise Dealt With in Chambers; Final Adoption Orders Made

Legal Issues

  1. 1 ['Who is the appropriate applicant for an adult adoption under the Adoption Act 2000 (NSW).' 'What formal requirements are required for an adult adoption by a stepparent.' "What effect an adoption in favour of the stepfather would have on the child's birth mother."]

Ratio Decidendi

Harvey was the proper applicant and proposed adoptive parent because s 24 of the Adoption Act 2000 (NSW) contemplates that an adult adoption applicant is the person who cared for the child before the child turned 18. After Harvey was joined and the evidentiary and jurisdictional requirements were addressed, the Court was satisfied that Harvey was Milo's stepparent, resided or was domiciled in New South Wales, was of good repute and fit and proper, met the age requirements, lived with Alice as his spouse, Alice consented, and the adoption order was clearly preferable in Milo's best interests. Because the adoption was by a stepparent with whom the birth mother was living, s 95(3) meant...

Court Disposition

Order for adoption made in favour of the stepfather, with declaration preserving the birth mother's legal status as mother.

Orders

  • ['Order that pursuant to s 23 of the Adoption Act 2000 (NSW), an order be made for the adoption of Milo in favour of the adopting father Harvey.' "Order that pursuant to s 101 of the Adoption Act 2000 (NSW), the Court approves Harvey's surname as the surname and Milo as the given name of the plaintiff adoptee."...