The Adoption of Mardi (a pseudonym) [2024] NSWSC 733

The Adoption of Mardi (a pseudonym) [2024] NSWSC 733

An adoption order in favour of the step-mother, Claudia, is clearly preferable in Mardi's best interests to any other legal action, given Mardi's sole mature consent, her primary residence and family relationship with Claudia and Jack since age 3, and the legal and symbolic permanence provided by adoption. Statutory requirements for sole consent, notice, and counselling have been satisfied; parental consent is not required given Mardi's age and maturity.

Parties
Applicant: Claudia (a pseudonym); Child: Mardi (a pseudonym); Birth Father: Jack (a pseudonym); Birth Mother: Nadine (a pseudonym)
Jurisdiction
Australia
Judgment Date
17 June 2024
Procedural Posture
Adoption Application / Final Determination
Outcome
Adoption order granted
Legal Topics
Adoption, Step Parent Adoption, Consent to Adoption, Best Interests of the Child
Family Law Adoption Step Parent Adoption Consent to Adoption Best Interests of the Child

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Parties

Claudia (a pseudonym)

Applicant

Mardi (a pseudonym)

Child

Jack (a pseudonym)

Birth Father

Nadine (a pseudonym)

Birth Mother

Procedural Posture

Adoption Application / Final Determination

Legal Issues

  1. 1 Whether a step-parent adoption order should be made
  2. 2 Whether the child's sole consent is sufficient under the Adoption Act 2000 (NSW)
  3. 3 Whether the adoption is clearly preferable in the child's best interests compared to alternatives

Ratio Decidendi

An adoption order in favour of the step-mother, Claudia, is clearly preferable in Mardi's best interests to any other legal action, given Mardi's sole mature consent, her primary residence and family relationship with Claudia and Jack since age 3, and the legal and symbolic permanence provided by adoption. Statutory requirements for sole consent, notice, and counselling have been satisfied; parental consent is not required given Mardi's age and maturity.

Court Disposition

Adoption order granted

Orders

  • Mardi is adopted by Claudia (step-mother)
  • Declaration that Jack (birth father) retains legal status as Mardi's father