Application of MSC and CJC; re HES [2011] NSWSC 950

Application of MSC and CJC; re HES [2011] NSWSC 950

Because Taiwan is not a convention country, and because the applicants were not domiciled or resident for 12 months in Taiwan, the Taipei adoption order could not be recognised under s 108 or s 116. The application therefore had to proceed under New South Wales law. The Taipei ruling was some evidence of the birth mother's consent, but did not establish consent in accordance with the formal requirements of the (NSW) Adoption Act 2000. Nor was there evidence supporting a consent dispense order under s 67, because there was evidence of the birth mother's address and no evidence that she could not be found after reasonable inquiry. Accordingly, the Court could not make an adoption order on...

Jurisdiction
Australia
Judgment Date
24 August 2011
Procedural Posture
Adoption Application / Application for Adoption Order; Consent Dispense Order Sought
Outcome
Decline to make adoption order.
Legal Topics
['international Adoption' 'consent to Adoption' 'consent Dispense Order' 'recognition of Foreign Adoption Order' 'non Hague Convention Country']
['family Law and Child Welfare' 'adoption'] ['international Adoption' 'consent to Adoption' 'consent Dispense Order' 'recognition of Foreign Adoption Order' 'non Hague Convention Country']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Adoption Application / Application for Adoption Order; Consent Dispense Order Sought

Legal Issues

  1. 1 ['Whether the Taipei District Court ruling established effective consent by the birth mother for the purposes of the (NSW) Adoption Act 2000.' "Whether the Court could dispense with the birth mother's consent under s 67 of the (NSW) Adoption Act 2000." 'Whether the Taiwanese adoption order could be recognised under s 108 or s 116 of the (NSW) Adoption Act 2000.' 'Whether an adoption order could be made on the present evidence.']

Ratio Decidendi

Because Taiwan is not a convention country, and because the applicants were not domiciled or resident for 12 months in Taiwan, the Taipei adoption order could not be recognised under s 108 or s 116. The application therefore had to proceed under New South Wales law. The Taipei ruling was some evidence of the birth mother's consent, but did not establish consent in accordance with the formal requirements of the (NSW) Adoption Act 2000. Nor was there evidence supporting a consent dispense order under s 67, because there was evidence of the birth mother's address and no evidence that she could not be found after reasonable inquiry. Accordingly, the Court could not make an adoption order on...

Court Disposition

Decline to make adoption order.

Orders

  • ['Before an adoption order can be made, evidence must be adduced either that consent in accordance with the (NSW) Adoption Act 2000 has been given by the birth mother, or that she cannot after reasonable inquiry be found.' 'If the parties wish to make submissions to the contrary, the matter may be listed by...