Re David [2022] NSWSC 1738

Re David [2022] NSWSC 1738

The Court found exceptional reasons under s 93(4)(b) of the Adoption Act 2000 to discharge the applicant's adoption order, namely proven serious sexual abuse by his adoptive father and others, the erasure of his First Nations identity in breach of later-adopted child placement principles, and the severe, ongoing psychological harm suffered. The discharge and restoration of his birth name serve the applicant's adult best interests and promote therapeutic healing, in line with current legislative policy prioritising the welfare and cultural ties of indigenous children.

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Original Adoption Proceedings (motion for Discharge) / Hearing and Final Orders
Outcome
Adoption orders discharged; applicant's name to be changed back to birth name; orders made relating to registry records and new birth certificate.
Legal Topics
['discharge of Adoption Orders' 'first Nations Heritage and Child Placement' 'sexual Abuse and Best Interests of the Child' 'restoration of Birth Name Under Adoption Law']
['equity' 'family Law' 'adoption Law'] ['discharge of Adoption Orders' 'first Nations Heritage and Child Placement' 'sexual Abuse and Best Interests of the Child' 'restoration of Birth Name Under Adoption Law']

Case Brief

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Procedural Posture

Original Adoption Proceedings (motion for Discharge) / Hearing and Final Orders

Legal Issues

  1. 1 ['Whether there is exceptional reason under Adoption Act 2000, s 93(4)(b) for discharge of adoption order' 'Whether sufficient evidence supports allegations of sexual abuse justifying discharge' "Whether applicant's name should be changed to birth name and recorded accordingly" 'Effect of past disregard for First Nations heritage and child placement principles']

Ratio Decidendi

The Court found exceptional reasons under s 93(4)(b) of the Adoption Act 2000 to discharge the applicant's adoption order, namely proven serious sexual abuse by his adoptive father and others, the erasure of his First Nations identity in breach of later-adopted child placement principles, and the severe, ongoing psychological harm suffered. The discharge and restoration of his birth name serve the applicant's adult best interests and promote therapeutic healing, in line with current legislative policy prioritising the welfare and cultural ties of indigenous children.

Court Disposition

Adoption orders discharged; applicant's name to be changed back to birth name; orders made relating to registry records and new birth certificate.

Orders

  • ['Pursuant to s 93(4)(b) of the Adoption Act 2000 the adoption order made on 18 December 1980 is discharged.' "Pursuant to s 93(7)(a) of the Adoption Act 2000, the applicant's name is changed to his pre-adoption surname." "Pursuant to s 19(2) of the Births, Deaths and Marriages Act 1995, the Registry is to record...