Discharge of Adoption of Emma (a pseudonym) [2023] NSWSC 1508

Discharge of Adoption of Emma (a pseudonym) [2023] NSWSC 1508

The adoptive father's physical and sexual abuse of the applicant after the adoption, his conviction and imprisonment for those acts, and the applicant's ongoing trauma including chronic post-traumatic stress disorder constituted an exceptional reason to discharge the adoption order; discharge was not prejudicial to, and was in, her best interests.

Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Application to Discharge an Adoption Order and Change Surname / Ex Tempore Judgment on Notice of Motion
Outcome
Discharge of adoption order made; name change order made.
Legal Topics
['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'abuse by Adoptive Parent' 'name Change Consequent on Discharge']
['adoption Law' 'child Welfare'] ['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'abuse by Adoptive Parent' 'name Change Consequent on Discharge']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Discharge an Adoption Order and Change Surname / Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether an exceptional reason was shown to discharge the adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW).' 'Whether discharge of the adoption order would be prejudicial to the best interests of the child.' "Whether an order should be made changing the adopted adult's name consequent on discharge."]

Ratio Decidendi

The adoptive father's physical and sexual abuse of the applicant after the adoption, his conviction and imprisonment for those acts, and the applicant's ongoing trauma including chronic post-traumatic stress disorder constituted an exceptional reason to discharge the adoption order; discharge was not prejudicial to, and was in, her best interests.

Court Disposition

Discharge of adoption order made; name change order made.

Orders

  • ['Pursuant to the Adoption Act s 93(4)(b), the adoption order made on 12 October 1982 for the child [Emma] by [Mr Smith] be discharged.' 'Pursuant to s 93(7)(a) of the Adoption Act, that the name of the adopted adult consequent of the discharge now be [Emma (current surname)].']