Re DYK & The Adoption Act 2000 [2005] NSWSC 1045

Re DYK & The Adoption Act 2000 [2005] NSWSC 1045

The natural parents' identities and whereabouts were not known apart from surnames, further inquiry by the applicants in Korea was limited and not reasonable, and the birth mother's relinquishment of the child for adoption and the parents' anonymity supported dispensing with further inquiry; therefore the natural parents could not after reasonable inquiry be found and dispensing with their consent and notice was in the child's interests. Kim Do Young's consent was not required because, upon the child's arrival in Australia, the Commonwealth Minister became guardian under Immigration (Guardianship of Children) Act 1946 (Cth), s 6, to the exclusion of any former guardian, and the relevant...

Jurisdiction
Australia
Judgment Date
17 October 2005
Procedural Posture
Application for Adoption Order, Approval of Child's Name, and Orders Dispensing With Consent and Notice / Supreme Court of New South Wales, Equity Division, Adoptions List; Final Orders
Outcome
Adoption order and associated orders made; consent and notice dispensed with for the natural parents; no order dispensing with Kim Do Young's consent or notice was necessary.
Legal Topics
['intercountry Adoption' 'consent Dispense Orders' 'reasonable Inquiry for Natural Parents' 'notice of Adoption Application' 'guardianship of Non Citizen Children' "approval of Adopted Child's Name"]
['family Law' 'child Welfare' 'adoption' 'immigration Guardianship'] ['intercountry Adoption' 'consent Dispense Orders' 'reasonable Inquiry for Natural Parents' 'notice of Adoption Application' 'guardianship of Non Citizen Children' "approval of Adopted Child's Name"]

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Procedural Posture

Application for Adoption Order, Approval of Child's Name, and Orders Dispensing With Consent and Notice / Supreme Court of New South Wales, Equity Division, Adoptions List; Final Orders

Legal Issues

  1. 1 ["Whether the consents of the child's natural parents should be dispensed with because they could not after reasonable inquiry be found or identified." "Whether notice of the adoption application to the child's natural parents should be dispensed with." 'Whether an order dispensing with the consent of Kim Do Young as Korean guardian was necessary.' "Whether the Immigration (Guardianship of Children) Act 1946 (Cth) applied to make the Commonwealth Minister the child's guardian on entry to Australia." 'Whether the proposed name for the child should be approved.']

Ratio Decidendi

The natural parents' identities and whereabouts were not known apart from surnames, further inquiry by the applicants in Korea was limited and not reasonable, and the birth mother's relinquishment of the child for adoption and the parents' anonymity supported dispensing with further inquiry; therefore the natural parents could not after reasonable inquiry be found and dispensing with their consent and notice was in the child's interests. Kim Do Young's consent was not required because, upon the child's arrival in Australia, the Commonwealth Minister became guardian under Immigration (Guardianship of Children) Act 1946 (Cth), s 6, to the exclusion of any former guardian, and the relevant...

Court Disposition

Adoption order and associated orders made; consent and notice dispensed with for the natural parents; no order dispensing with Kim Do Young's consent or notice was necessary.

Orders

  • ['Adoption of the child in favour of the applicants.' "Approval of the child's name." "Dispensing with the consents of the child's natural parents." 'Dispensing with the giving of notice of the application to the natural parents.' 'Releasing a certified copy of the orders to DOCS for transmission to ESWS.' 'No order...