Adoption of GK (Anonymised) [2020] NSWSC 362

Adoption of GK (Anonymised) [2020] NSWSC 362

The Court was satisfied that Vietnam was not a Convention country or prescribed overseas jurisdiction, that the Adoptive Mother had been resident in Vietnam for more than 12 months before the adoption process commenced, that the adoption order was made in accordance with Vietnamese law and had not been rescinded, and that Vietnamese law placed the Adoptive Mother in a position superior to the birth parents as to custody and generally in the position of a parent. The Vietnamese adoption order therefore complied with s 116 of the Adoption Act 2000 (NSW) and a declaration under s 117 should be made.

Jurisdiction
Australia
Judgment Date
06 April 2020
Procedural Posture
Application for Declaration Recognising Foreign Adoption Under S 117 of the Adoption Act 2000 (nsw) / On the Papers
Outcome
Declaration made.
Legal Topics
['recognition of Foreign Adoption' 'declaration of Validity of Foreign Adoption' 'consent Dispense Order' 'notice to Natural Parents' 'registration of Birth']
['family Law' 'adoption'] ['recognition of Foreign Adoption' 'declaration of Validity of Foreign Adoption' 'consent Dispense Order' 'notice to Natural Parents' 'registration of Birth']

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Procedural Posture

Application for Declaration Recognising Foreign Adoption Under S 117 of the Adoption Act 2000 (nsw) / On the Papers

Legal Issues

  1. 1 ['Whether the Vietnamese adoption order complied with s 116 of the Adoption Act 2000 (NSW).' "Whether orders dispensing with the consent of the Child's natural parents and notice of the application were necessary or appropriate." "Whether the Court could include particulars of the Child's name in the declaration."]

Ratio Decidendi

The Court was satisfied that Vietnam was not a Convention country or prescribed overseas jurisdiction, that the Adoptive Mother had been resident in Vietnam for more than 12 months before the adoption process commenced, that the adoption order was made in accordance with Vietnamese law and had not been rescinded, and that Vietnamese law placed the Adoptive Mother in a position superior to the birth parents as to custody and generally in the position of a parent. The Vietnamese adoption order therefore complied with s 116 of the Adoption Act 2000 (NSW) and a declaration under s 117 should be made.

Court Disposition

Declaration made.

Orders

  • ['Declare that the order for the adoption of GK by LM made on 5 April 2018 by the Head Office of Khanh Hoa Justice Department in the Socialist Republic of Vietnam complies with s 116 of the Adoption Act 2000 (NSW).']