Application of JGP & ASP, Re AJP [2011] NSWSC 151

Application of JGP & ASP, Re AJP [2011] NSWSC 151

Because Ethiopia was not a Convention country or prescribed overseas jurisdiction, and the applicants were not resident in Ethiopia for twelve months or domiciled there when the Ethiopian adoption proceedings commenced, the Ethiopian adoption could not be recognised and the application had to proceed under the New South Wales Adoption Act. Although adoption by the applicants was otherwise in the child's best interests and the applicants were suitable, the birth mother was known and had not given consent in accordance with Pt 5 of the Act. No ground under s 67 for dispensing with her consent was established, and the court could not make an adoption order without consent or a consent...

Jurisdiction
Australia
Judgment Date
21 February 2011
Procedural Posture
Adoption Application / Application for Consent Dispense Order and Adoption Order
Outcome
Application for consent dispense order declined. Adoption application adjourned.
Legal Topics
['non Citizen Child Born in Ethiopia' 'recognition of Overseas Adoption' 'consent Dispense Order' "birth Mother's Consent" 'best Interests of the Child']
['family Law' 'child Welfare' 'adoption' 'inter Country Adoption'] ['non Citizen Child Born in Ethiopia' 'recognition of Overseas Adoption' 'consent Dispense Order' "birth Mother's Consent" 'best Interests of the Child']

Case Brief

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Procedural Posture

Adoption Application / Application for Consent Dispense Order and Adoption Order

Legal Issues

  1. 1 ['Whether the Ethiopian adoption could be recognised under the (NSW) Adoption Act 2000 rather than requiring a New South Wales adoption order.' "Whether the birth mother's consent could be dispensed with under Adoption Act 2000, s 67." 'Whether notice of the consent dispense application could be dispensed with under Adoption Act 2000, s 72.' "Whether an adoption order could be made without the birth mother's consent or a consent dispense order."]

Ratio Decidendi

Because Ethiopia was not a Convention country or prescribed overseas jurisdiction, and the applicants were not resident in Ethiopia for twelve months or domiciled there when the Ethiopian adoption proceedings commenced, the Ethiopian adoption could not be recognised and the application had to proceed under the New South Wales Adoption Act. Although adoption by the applicants was otherwise in the child's best interests and the applicants were suitable, the birth mother was known and had not given consent in accordance with Pt 5 of the Act. No ground under s 67 for dispensing with her consent was established, and the court could not make an adoption order without consent or a consent...

Court Disposition

Application for consent dispense order declined. Adoption application adjourned.

Orders

  • ['Application for consent dispense order declined.' 'Adoption application adjourned to a date to be fixed by arrangement with the applicants to permit them to make submissions and adduce further evidence, either in support of a consent dispense order, or of the giving of consent in accordance with the Act.']