Discharge of Adoption of K [2022] NSWSC 1197

Discharge of Adoption of K [2022] NSWSC 1197

The significant and irretrievable breakdown of the adoptive relationship between CG and K, K's own clearly expressed wish to sever legal ties with CG and return to her birth name, and the prior removal of CG's parental responsibility constituted an exceptional reason to discharge the adoption order. The evidence did not show prejudice to K's best interests; rather, discharge was likely to promote those interests by recognising K's wishes and removing unwanted legal ties. Because K had not appeared and had recently given birth, the discharge was suspended with liberty to apply so that she could be heard if she wished.

Jurisdiction
Australia
Judgment Date
30 August 2022
Procedural Posture
Application by Adoptive Parent to Discharge Adoption Order / Notice of Motion for Discharge of Adoption Order in the Equity Adoptions List
Outcome
Order for adoption discharged, with the discharge suspended until 5pm on 2 December 2022; liberty to apply granted to K; consequential name and birth certificate orders made.
Legal Topics
['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'breakdown of Adoptive Relationship' "change of Adopted Child's Name"]
['adoption Law' 'child Welfare' 'equity'] ['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'breakdown of Adoptive Relationship' "change of Adopted Child's Name"]

Case Brief

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Procedural Posture

Application by Adoptive Parent to Discharge Adoption Order / Notice of Motion for Discharge of Adoption Order in the Equity Adoptions List

Legal Issues

  1. 1 ['Whether there was some other exceptional reason under s 93(4)(b) of the Adoption Act 2000 (NSW) why the adoption order should be discharged.' "Whether making a discharge order would be prejudicial to K's best interests under s 93(5) of the Adoption Act 2000 (NSW)." 'Whether the discharge order should be suspended to allow K an opportunity to be heard.' "Whether consequential orders should be made changing K's name to her birth name and recording that name on her birth certificate."]

Ratio Decidendi

The significant and irretrievable breakdown of the adoptive relationship between CG and K, K's own clearly expressed wish to sever legal ties with CG and return to her birth name, and the prior removal of CG's parental responsibility constituted an exceptional reason to discharge the adoption order. The evidence did not show prejudice to K's best interests; rather, discharge was likely to promote those interests by recognising K's wishes and removing unwanted legal ties. Because K had not appeared and had recently given birth, the discharge was suspended with liberty to apply so that she could be heard if she wished.

Court Disposition

Order for adoption discharged, with the discharge suspended until 5pm on 2 December 2022; liberty to apply granted to K; consequential name and birth certificate orders made.

Orders

  • ['Pursuant to s 93(4)(b) of the Adoption Act 2000 (NSW), the adoption order made on 8 March 2018 for K in favour of CG be discharged.' "Pursuant to s 93(7)(a) of the Adoption Act 2000 (NSW), K's name be changed to her birth name." "Pursuant to s 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW),...