Re Clare (a pseudonym) [2023] NSWSC 1009

Re Clare (a pseudonym) [2023] NSWSC 1009

Clare's experience of neglect, abuse, abandonment, and psychological harm from her adoptive family constituted an 'exceptional reason' for discharge of the adoption order. Evidence supported a declaration of parentage and recording in the Register.

Parties
Plaintiff: Clare (a pseudonym); Intervenor: Secretary, New South Wales Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
21 August 2023
Procedural Posture
Adoption Discharge and Declaration of Parentage / Final Judgment
Outcome
Adoption order discharged; declaration of parentage made
Legal Topics
Discharge of Adoption Order, Declaration of Parentage, Exceptional Reason for Discharge
Family Law Child Welfare Equity Discharge of Adoption Order Declaration of Parentage Exceptional Reason for Discharge

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Parties

Clare (a pseudonym)

Plaintiff

Secretary, New South Wales Department of Communities and Justice

Intervenor

Procedural Posture

Adoption Discharge and Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether exceptional reason exists for discharge of adoption order
  2. 2 Whether declaration of parentage should be made

Ratio Decidendi

Clare's experience of neglect, abuse, abandonment, and psychological harm from her adoptive family constituted an 'exceptional reason' for discharge of the adoption order. Evidence supported a declaration of parentage and recording in the Register.

Court Disposition

Adoption order discharged; declaration of parentage made

Orders

  • Adoption order dated 26 June 1957 discharged pursuant to s 93(4)(b) of the Adoption Act 2000 (NSW)
  • Declaration that David Smith is Clare's father pursuant to s 21(2) of the Status of Children Act 1996 (NSW)