Discharge of Adoption of Isabel (a pseudonym) [2024] NSWSC 565

Discharge of Adoption of Isabel (a pseudonym) [2024] NSWSC 565

Isabel's evidence established a difficult childhood and adolescence in the care of the Adoptive Parents, no substantial contact with them from about 1997 until their deaths in 2023, and a relationship that had irretrievably broken down by 1997 because of the nature of their care for her. That significant and irretrievable breakdown constituted an exceptional reason under the Adoption Act 2000 (NSW) and discharge was in her best interests, so the adoption order should be discharged with ancillary orders restoring her birth surname and identifying her birth parents on the Births, Deaths and Marriages Register.

Jurisdiction
Australia
Judgment Date
14 May 2024
Procedural Posture
Application by Adult Adopted Person to Discharge Adoption Order / Principal Judgment
Outcome
Discharge of adoption order to be made; name change order to be made; order to be made identifying the applicant's birth parents on the Births, Deaths and Marriages Register.
Legal Topics
['discharge of Adoption Order' 'exceptional Reason' 'irretrievable Breakdown of Adoptive Relationship' 'name Change Order' 'births, Deaths and Marriages Register']
['child Welfare' 'adoption'] ['discharge of Adoption Order' 'exceptional Reason' 'irretrievable Breakdown of Adoptive Relationship' 'name Change Order' 'births, Deaths and Marriages Register']

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Procedural Posture

Application by Adult Adopted Person to Discharge Adoption Order / Principal Judgment

Legal Issues

  1. 1 ['Whether an exceptional reason was shown to discharge the adoption order.' "Whether discharge of the adoption order would be in Isabel's best interests." "Whether ancillary orders should be made changing Isabel's name and identifying her birth parents on the Births, Deaths and Marriages Register."]

Ratio Decidendi

Isabel's evidence established a difficult childhood and adolescence in the care of the Adoptive Parents, no substantial contact with them from about 1997 until their deaths in 2023, and a relationship that had irretrievably broken down by 1997 because of the nature of their care for her. That significant and irretrievable breakdown constituted an exceptional reason under the Adoption Act 2000 (NSW) and discharge was in her best interests, so the adoption order should be discharged with ancillary orders restoring her birth surname and identifying her birth parents on the Births, Deaths and Marriages Register.

Court Disposition

Discharge of adoption order to be made; name change order to be made; order to be made identifying the applicant's birth parents on the Births, Deaths and Marriages Register.

Orders

  • ['Order discharging the adoption order made on 26 March 1981.' "Order changing Isabel's name by reinstating her birth surname, without adding the proposed middle name that was not recorded on her original birth certificate." "Order pursuant to s 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW)...