Application MKL & MJL; re YSL [2013] NSWSC 564

Application MKL & MJL; re YSL [2013] NSWSC 564

Because Taiwan was neither a party to the Hague Convention nor a prescribed overseas jurisdiction, and the applicants were not resident or domiciled in Taiwan for the required period, the Taiwanese adoption could not be recognised and the application had to proceed under the (NSW) Adoption Act 2000. The natural mother had not given consent in accordance with that Act, and the evidence did not show that she could not be found or identified, lacked capacity, that there was serious cause for concern for the child's welfare, or that any other statutory ground for dispensing with her consent applied. Without her effective consent or a valid basis to dispense with it, the Court could not make...

Jurisdiction
Australia
Judgment Date
14 May 2013
Procedural Posture
Adoption Application / In Chambers
Outcome
Application for consent dispense order declined. Adoption application adjourned.
Legal Topics
['inter Country Adoption' 'non Citizen Child' 'recognition of Overseas Adoption' 'consent of Birth Parents' 'consent Dispense Order' 'notice of Application']
['family Law and Child Welfare' 'adoption'] ['inter Country Adoption' 'non Citizen Child' 'recognition of Overseas Adoption' 'consent of Birth Parents' 'consent Dispense Order' 'notice of Application']

Case Brief

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Procedural Posture

Adoption Application / In Chambers

Legal Issues

  1. 1 ['Whether the Taiwanese adoption could be recognised under the (NSW) Adoption Act 2000.' "Whether the child's natural father's consent to adoption should be dispensed with." "Whether the child's natural mother's consent to adoption should be dispensed with." 'Whether notice to the natural parents should be dispensed with.' 'Whether an adoption order could be made without effective consent from the natural mother or a consent dispense order.']

Ratio Decidendi

Because Taiwan was neither a party to the Hague Convention nor a prescribed overseas jurisdiction, and the applicants were not resident or domiciled in Taiwan for the required period, the Taiwanese adoption could not be recognised and the application had to proceed under the (NSW) Adoption Act 2000. The natural mother had not given consent in accordance with that Act, and the evidence did not show that she could not be found or identified, lacked capacity, that there was serious cause for concern for the child's welfare, or that any other statutory ground for dispensing with her consent applied. Without her effective consent or a valid basis to dispense with it, the Court could not make...

Court Disposition

Application for consent dispense order declined. Adoption application adjourned.

Orders

  • ['Proceedings adjourned to a date to be fixed by arrangement with the applicants to permit submissions and further evidence either in support of a consent dispense order or of the giving of consent in accordance with the Act.' 'Registrar directed to notify the Director-General and the applicants of the decision and...