Re the Adoption of GJJM and IHD [2019] NSWSC 1822

Re the Adoption of GJJM and IHD [2019] NSWSC 1822

GJJM and IHD had lived continuously with CMS and DOS since 14 January 2016, had established stable, loving and primary attachment relationships with them, and adoption would provide permanence, security, stability and lifetime membership in the adoptive family. Restoration to the birth parents was not a realistic possibility, and alternatives such as parental responsibility orders, maintaining the status quo or deferring the decision would not provide the same permanence and were not in the children's best interests. The statutory requirements for dispensing with the birth parents' consent were satisfied, the Adoption Plans were in the children's best interests and proper in the...

Jurisdiction
Australia
Judgment Date
18 December 2019
Procedural Posture
Application for Adoption Orders Under the Adoption Act 2000 (nsw) / Final Determination in Chambers
Outcome
Adoption orders made; birth parents' consent dispensed with; amended Paternal Adoption Plan registered; children's names approved.
Legal Topics
['consent Dispense Orders' 'adoption of Children in Out of Home Care' 'adoption Plans' 'registration of Amended Paternal Adoption Plan' 'best Interests of the Child' "approval of Children's Names"]
['adoption' 'family Law and Child Welfare' 'child Welfare Under State Legislation'] ['consent Dispense Orders' 'adoption of Children in Out of Home Care' 'adoption Plans' 'registration of Amended Paternal Adoption Plan' 'best Interests of the Child' "approval of Children's Names"]

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Procedural Posture

Application for Adoption Orders Under the Adoption Act 2000 (nsw) / Final Determination in Chambers

Legal Issues

  1. 1 ["Whether the consent of the children's birth parents should be dispensed with under s 67(1)(d) of the Adoption Act 2000 (NSW)." 'Whether adoption by CMS and DOS would promote the best interests of GJJM and IHD and be clearly preferable to any other action that could be taken by law in relation to their care.' "Whether the Adoption Plans, including the amended Paternal Adoption Plan for GJJM, were in the children's best interests and proper in the circumstances." 'Whether the amended Paternal Adoption Plan for GJJM should be registered.' 'Whether the proposed surnames and given names of GJJM and IHD should be approved.']

Ratio Decidendi

GJJM and IHD had lived continuously with CMS and DOS since 14 January 2016, had established stable, loving and primary attachment relationships with them, and adoption would provide permanence, security, stability and lifetime membership in the adoptive family. Restoration to the birth parents was not a realistic possibility, and alternatives such as parental responsibility orders, maintaining the status quo or deferring the decision would not provide the same permanence and were not in the children's best interests. The statutory requirements for dispensing with the birth parents' consent were satisfied, the Adoption Plans were in the children's best interests and proper in the...

Court Disposition

Adoption orders made; birth parents' consent dispensed with; amended Paternal Adoption Plan registered; children's names approved.

Orders

  • ["Orders pursuant to the Adoption Act 2000 (NSW), s 67(1)(d), that the consent of the children's birth mother, KAD, be dispensed with." "Orders pursuant to the Adoption Act 2000 (NSW), s 67(1)(d), that the consent of the child GJJM's birth father, GSM, be dispensed with." "Orders pursuant to the Adoption Act 2000...