Application ADC & AMC; re HAC [2013] NSWSC 565

Application ADC & AMC; re HAC [2013] NSWSC 565

The court declined to dispense with the birth mother’s consent as she has not been shown to be unable to be identified or found, nor has her consent been given in accordance with the NSW Adoption Act. The statutory grounds for dispensing with consent were not established on the evidence. Accordingly, an adoption order could not be made at this stage.

Parties
Applicant: ADC; Applicant: AMC; Child: HAC; Birth Mother: SK; Party to Adoption Contract: Kunkeet Children's Center; Supporting Statutory Authority: Director, Adoption and Permanent Care Services, Department of Family and Community Services
Jurisdiction
Australia
Judgment Date
14 May 2013
Procedural Posture
Adoption Application / Interlocutory Decision Application for Consent Dispense Order; Application Adjourned
Outcome
Application for consent dispense order declined. Adoption application adjourned.
Legal Topics
Inter Country Adoption, Consent to Adoption, Recognition of Overseas Adoptions
Family Law Child Welfare Adoption Inter Country Adoption Consent to Adoption Recognition of Overseas Adoptions

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

ADC

Applicant

AMC

Applicant

HAC

Child

SK

Birth Mother

Kunkeet Children's Center

Party to Adoption Contract

Director, Adoption and Permanent Care Services, Department of Family and Community Services

Supporting Statutory Authority

Procedural Posture

Adoption Application / Interlocutory Decision Application for Consent Dispense Order; Application Adjourned

Legal Issues

  1. 1 Whether the court can dispense with the requirement of consent of the birth mother under section 67(1) of the Adoption Act 2000
  2. 2 Recognition of Ethiopian adoption under NSW law
  3. 3 Compliance with consent requirements in the Adoption Act 2000

Ratio Decidendi

The court declined to dispense with the birth mother’s consent as she has not been shown to be unable to be identified or found, nor has her consent been given in accordance with the NSW Adoption Act. The statutory grounds for dispensing with consent were not established on the evidence. Accordingly, an adoption order could not be made at this stage.

Court Disposition

Application for consent dispense order declined. Adoption application adjourned.

Orders

  • Application for consent dispense order declined.
  • Adoption application adjourned to permit further evidence or submissions.