Re WCT and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 [2022] NSWSC 1425

Re WCT and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 [2022] NSWSC 1425

The Court cannot make orders dispensing with consent or notice to birth parents in applications brought under the Convention and Regulations; the consent and notice requirements are governed by the law of the State of origin (Thailand), and Australian courts are not authorised under reg 15 to dispense with consent.

Jurisdiction
Australia
Judgment Date
20 October 2022
Procedural Posture
Adoption Application / Final Orders
Outcome
Adoption orders made; orders to dispense with consent and notice refused.
Legal Topics
['intercountry Adoption' 'hague Convention' 'consent of Birth Parents' 'dispensation of Notice']
['family Law' 'child Welfare'] ['intercountry Adoption' 'hague Convention' 'consent of Birth Parents' 'dispensation of Notice']

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Procedural Posture

Adoption Application / Final Orders

Legal Issues

  1. 1 ['Whether the Court can dispense with consent of, and notice to, birth parents under the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998']

Ratio Decidendi

The Court cannot make orders dispensing with consent or notice to birth parents in applications brought under the Convention and Regulations; the consent and notice requirements are governed by the law of the State of origin (Thailand), and Australian courts are not authorised under reg 15 to dispense with consent.

Court Disposition

Adoption orders made; orders to dispense with consent and notice refused.

Orders

  • ['Order authorising the adoption of WCT by MAA and LPA under the Convention and Regulations.' "Refusal of orders to dispense with consent of, and notice to, WCT's birth parents."]