Re D [2006] NSWSC 808

The Court was prepared to make an adoption order in favour of the plaintiff only if current evidence showed that the plaintiff remained married to and living with the child's mother, because otherwise the effect of the order would be that the child's mother would cease to be regarded in law as the child's parent.

Jurisdiction: Australia
Judgment Date: 08 June 2006
Procedural Posture: Application for Adoption of an Adult Child by the Child's Stepfather / In Chambers
Outcome: Adoption order not immediately made; the Court indicated it would make the order sought if a further affidavit showed that the plaintiff and the child's mother were still married and living together.
Legal Topics: ['stepparent Adoption' 'adult Child Adoption' 'effect of Adoption Orders' "birth Parent's Legal Status After Adoption"]

['adoption Law' 'family Law'] ['stepparent Adoption' 'adult Child Adoption' 'effect of Adoption Orders' "birth Parent's Legal Status After Adoption"]

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

Procedural Posture

Application for Adoption of an Adult Child by the Child's Stepfather / In Chambers

Legal Issues

1 ["Whether an adoption order could be made in favour of the plaintiff only where the child's mother refused to apply to adopt her own child." 'Whether s 95(3) of the Adoption Act 2000 (NSW) preserves the legal parent-child relationship between the child and the birth mother if the adopting stepparent is living with the birth parent.']

Ratio Decidendi

Court Disposition

Adoption order not immediately made; the Court indicated it would make the order sought if a further affidavit showed that the plaintiff and the child's mother were still married and living together.

Orders

[]