J and the Adoption Act, Re [2006] NSWSC 1276

J and the Adoption Act, Re [2006] NSWSC 1276

The application must be dismissed because s.30(b) of the Adoption Act 2000 (NSW) requires the step-parent and child to have lived together for a continuous three-year period immediately before the adoption application, which was not satisfied as J has lived in his own home since marriage.

Parties
Applicant: A; Child: J
Jurisdiction
Australia
Judgment Date
27 November 2006
Procedural Posture
Adoption Application / Ex Parte Judgment in Chambers
Outcome
Application for adoption dismissed.
Legal Topics
Adoption, Step Parent Adoption, Adult Adoption, Statutory Requirements
Family Law Adoption Step Parent Adoption Adult Adoption Statutory Requirements

Case Brief

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Parties

A

Applicant

J

Child

Procedural Posture

Adoption Application / Ex Parte Judgment in Chambers

Legal Issues

  1. 1 Whether the requirements of s.30(b) of the Adoption Act 2000 (NSW) are satisfied for step-parent adoption of an adult.

Ratio Decidendi

The application must be dismissed because s.30(b) of the Adoption Act 2000 (NSW) requires the step-parent and child to have lived together for a continuous three-year period immediately before the adoption application, which was not satisfied as J has lived in his own home since marriage.

Court Disposition

Application for adoption dismissed.

Orders

  • Applicant's Summons dismissed.