Adoption of MSAT [2014] NSWSC 1950

Adoption of MSAT [2014] NSWSC 1950

The United Arab Emirates fostering and custody arrangements were not entitled to recognition under Adoption Act 2000 (NSW) s 116 because they were not an adoption effected or sanctioned by an order and, in any event, did not make the applicants the child's legal parents or place them generally in the position of parents under UAE law. However, the applicants had intercountry parental responsibility, the Director-General had consented to their application, the child's natural parents could not be identified after reasonable inquiry, and the evidence showed that adoption by the applicants was clearly preferable and in the child's best interests; therefore leave to apply, consent dispense...

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Adoption Application Involving a Non Citizen Child and Recognition of Foreign Adoption / Ex Tempore Judgment on Summonses Seeking a Declaration of Validity Under Adoption Act 2000 (nsw) S 117 and an Adoption Order Under Ch 4
Outcome
Leave to apply for adoption granted; consent dispense orders made; adoption order made.
Legal Topics
['recognition of Foreign Adoptions' 'non Citizen Child Adoption' 'united Arab Emirates Fostering and Custody Arrangements' 'consent Dispensation' 'director General Consent' 'best Interests of the Child']
['family Law' 'child Welfare' 'adoption' 'intercountry Adoption' 'migration Guardianship'] ['recognition of Foreign Adoptions' 'non Citizen Child Adoption' 'united Arab Emirates Fostering and Custody Arrangements' 'consent Dispensation' 'director General Consent' 'best Interests of the Child']

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Procedural Posture

Adoption Application Involving a Non Citizen Child and Recognition of Foreign Adoption / Ex Tempore Judgment on Summonses Seeking a Declaration of Validity Under Adoption Act 2000 (nsw) S 117 and an Adoption Order Under Ch 4

Legal Issues

  1. 1 ['Whether the Family Fostering Agreement and Custody Agreement made in the United Arab Emirates complied with Adoption Act 2000 (NSW) s 116 so that the adoption would be recognised in New South Wales.' 'Whether Adoption Act 2000 (NSW) s 116 applies to agreements transferring guardianship or only to adoptions effected or sanctioned by judicial or administrative order.' 'Whether the arrangements under United Arab Emirates law placed the applicants generally in relation to the child in the position of parents.' 'Whether an adoption order for a non-citizen child could be made on an application by the adoptive parents where the Director-General consented, rather than on an application by the Director-General.' "Whether consent and notice requirements in respect of the child's natural parents should be dispensed with because they could not be identified after reasonable inquiry."]

Ratio Decidendi

The United Arab Emirates fostering and custody arrangements were not entitled to recognition under Adoption Act 2000 (NSW) s 116 because they were not an adoption effected or sanctioned by an order and, in any event, did not make the applicants the child's legal parents or place them generally in the position of parents under UAE law. However, the applicants had intercountry parental responsibility, the Director-General had consented to their application, the child's natural parents could not be identified after reasonable inquiry, and the evidence showed that adoption by the applicants was clearly preferable and in the child's best interests; therefore leave to apply, consent dispense...

Court Disposition

Leave to apply for adoption granted; consent dispense orders made; adoption order made.

Orders

  • ['Pursuant Adoption Act, s 116(4), the applicants have leave to apply for an order for the adoption of the child.' "Pursuant to s 67, the consent of the child's natural father and mother be dispensed with." "Pursuant to s 88(4), the giving of notice under s 88(1) to the child's natural father and mother be dispensed...