Re E and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 [2010] NSWSC 1313

Re E and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 [2010] NSWSC 1313

Although the Court was satisfied that both Central Authorities had agreed to the adoption, that the child was allowed to reside permanently in Australia, and that the requirements of Articles 17 and 19 had been satisfied, it could not be satisfied that the arrangements for the adoption had been made in accordance with the Convention until provided with the Article 15 report from the Department of Community Services to the Philippines Inter-Country Adoption Board and the Article 16 report from that Board to the Department.

Jurisdiction
Australia
Judgment Date
12 November 2010
Procedural Posture
Application for an Order for Intercountry Adoption / Procedural Ruling; Further Material Required Before Adoption Order Can Be Made
Outcome
Adoption order not made at this stage; further reports required before the Court can be satisfied that the Regulations are satisfied.
Legal Topics
['intercountry Adoption' 'hague Convention on Intercountry Adoption' 'central Authority Agreements' 'procedural Requirements for Adoption Application']
['adoption' 'family Law'] ['intercountry Adoption' 'hague Convention on Intercountry Adoption' 'central Authority Agreements' 'procedural Requirements for Adoption Application']

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Procedural Posture

Application for an Order for Intercountry Adoption / Procedural Ruling; Further Material Required Before Adoption Order Can Be Made

Legal Issues

  1. 1 ['Whether the arrangements for the adoption of a child formerly resident in the Philippines were made in accordance with the Convention, Commonwealth and New South Wales law, and the law of the Philippines.' 'Whether the Court could be satisfied of the requirements of reg 15 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) without the Article 15 and Article 16 reports.' 'Whether non-compliance with the prescribed Form 3 made the application ineffective.']

Ratio Decidendi

Although the Court was satisfied that both Central Authorities had agreed to the adoption, that the child was allowed to reside permanently in Australia, and that the requirements of Articles 17 and 19 had been satisfied, it could not be satisfied that the arrangements for the adoption had been made in accordance with the Convention until provided with the Article 15 report from the Department of Community Services to the Philippines Inter-Country Adoption Board and the Article 16 report from that Board to the Department.

Court Disposition

Adoption order not made at this stage; further reports required before the Court can be satisfied that the Regulations are satisfied.

Orders

  • ['Registrar requested to forward a copy of the reasons to the delegate of the Director-General who swore an affidavit in support of the application, requesting her to provide the court with copies of the reports required by Articles 15 and 16.']