Application D and D; re Y [2013] NSWSC 1477

Application D and D; re Y [2013] NSWSC 1477

The Court was satisfied that it had jurisdiction and that the statutory requirements for adoption were met, that Mr and Mrs D were highly suitable adoptive parents, and that the adoption would promote Y's best interests. The Court was also satisfied that Y's birth father could not, after reasonable enquiry, be found or identified, and that further enquiry to find the birth mother was not reasonable in light of her consent before the Taiwanese court, CSS's refusal to facilitate further contact, and the established protocol for communications through CSS. It was therefore appropriate to dispense with consent and notice. The proposed surname and additional given name were also in Y's best...

Jurisdiction
Australia
Judgment Date
09 October 2013
Procedural Posture
Application for Adoption Order / In Chambers, Principal Judgment
Outcome
Application granted; consent and notice requirements dispensed with and adoption order made in favour of Mr and Mrs D.
Legal Topics
['non Citizen Child Adoption' 'dispensing With Parental Consent' 'dispensing With Notice of Adoption Application' "change of Adopted Child's Name" 'taiwan Adoption Approval']
['family Law' 'child Welfare' 'adoption'] ['non Citizen Child Adoption' 'dispensing With Parental Consent' 'dispensing With Notice of Adoption Application' "change of Adopted Child's Name" 'taiwan Adoption Approval']

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Procedural Posture

Application for Adoption Order / In Chambers, Principal Judgment

Legal Issues

  1. 1 ['Whether the Court should make an adoption order for Y in favour of Mr and Mrs D under the Adoption Act 2000 (NSW).' "Whether the requirement for the consent of Y's birth mother and birth father should be dispensed with under s 67(1)(a) of the Adoption Act 2000 (NSW)." "Whether notice of the application for an adoption order to Y's birth mother and birth father should be dispensed with under s 88(4) of the Adoption Act 2000 (NSW)." 'Whether approval of the surname "D" and the given names "Y Lily" was in Y\'s best interests.']

Ratio Decidendi

The Court was satisfied that it had jurisdiction and that the statutory requirements for adoption were met, that Mr and Mrs D were highly suitable adoptive parents, and that the adoption would promote Y's best interests. The Court was also satisfied that Y's birth father could not, after reasonable enquiry, be found or identified, and that further enquiry to find the birth mother was not reasonable in light of her consent before the Taiwanese court, CSS's refusal to facilitate further contact, and the established protocol for communications through CSS. It was therefore appropriate to dispense with consent and notice. The proposed surname and additional given name were also in Y's best...

Court Disposition

Application granted; consent and notice requirements dispensed with and adoption order made in favour of Mr and Mrs D.

Orders

  • ["Order that the requirement of the consent of the child's birth mother to the adoption of Y by Mr and Mrs D be dispensed with." "Order that the requirement of the consent of the child's birth father to the adoption of Y by Mr and Mrs D be dispensed with." "Order that the requirement of notice of the application for...