Adoption of A [2022] NSWSC 567

Adoption of A [2022] NSWSC 567

There is no evidence that dispensing with the father's consent at this stage would affect the placement of A with the proposed adoptive parents, nor is there a relevant impediment to placement. Therefore, an order under s 67 dispensing with the father's consent should not be made at this stage. Reasonable inquiries as to whether A is an Aboriginal child have been made within the meaning of s 34 of the Adoption Act 2000 (NSW).

Jurisdiction
Australia
Judgment Date
10 May 2022
Procedural Posture
Adoption Application (preliminary Motion) / Preliminary Hearing; Application to Dispense With Father's Consent Prior to Adoption Application
Outcome
Application to dispense with father's consent to adoption prior to the making of an adoption application refused; Court finds that reasonable inquiries have been made as to whether the child is an Aboriginal child
Legal Topics
['adoption' 'voluntary Adoption' 'dispensing With Parental Consent' 'aboriginal Child Placement Principles']
['family Law'] ['adoption' 'voluntary Adoption' 'dispensing With Parental Consent' 'aboriginal Child Placement Principles']

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Procedural Posture

Adoption Application (preliminary Motion) / Preliminary Hearing; Application to Dispense With Father's Consent Prior to Adoption Application

Legal Issues

  1. 1 ["Should an order dispensing with the father's consent to adoption be made prior to the adoption application?" 'Have reasonable inquiries been made as to whether the child is an Aboriginal child under s 34 of the Adoption Act?']

Ratio Decidendi

There is no evidence that dispensing with the father's consent at this stage would affect the placement of A with the proposed adoptive parents, nor is there a relevant impediment to placement. Therefore, an order under s 67 dispensing with the father's consent should not be made at this stage. Reasonable inquiries as to whether A is an Aboriginal child have been made within the meaning of s 34 of the Adoption Act 2000 (NSW).

Court Disposition

Application to dispense with father's consent to adoption prior to the making of an adoption application refused; Court finds that reasonable inquiries have been made as to whether the child is an Aboriginal child

Orders

  • ["Refused order under s 67 of the Adoption Act 2000 (NSW) dispensing with father's consent to adoption" 'Finds reasonable inquiries pursuant to s 34 of the Adoption Act 2000 (NSW) have been made as to whether the child is an Aboriginal child']