The Adoption of Sophie (a pseudonym) [2023] NSWSC 1403

The Adoption of Sophie (a pseudonym) [2023] NSWSC 1403

Section 111 of the Adoption Act 2000 (NSW) does not have the same or comparable effect as reg 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), thus reg 20 applies and enables the adoptive parent to apply for an order terminating the legal relationship between the child and her pre-adoption parents; all statutory preconditions of reg 20 are satisfied.

Parties
Plaintiff: Jane Smith (a pseudonym); Intervener: Secretary, New South Wales Department of Communities and Justice
Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Application / Final Order and Reasons
Outcome
Application granted. Order made under reg 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) terminating the legal relationship between the pre-adoption parents and the child. Approvals made as to the child's names.
Legal Topics
Intercountry Adoption, Termination of Legal Relationship Between Child and Pre Adoption Parents, Recognition of Overseas Adoptions, Application of Family Law (hague Convention on Intercountry Adoption) Regulations 1998 (cth)
Child Welfare Adoption Law Family Law Intercountry Adoption Termination of Legal Relationship Between Child and Pre Adoption Parents Recognition of Overseas Adoptions Application of Family Law (hague Convention on Intercountry Adoption) Regulations 1998 (cth)

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Parties

Jane Smith (a pseudonym)

Plaintiff

Secretary, New South Wales Department of Communities and Justice

Intervener

Procedural Posture

Application / Final Order and Reasons

Legal Issues

  1. 1 Whether the Court could make an order under reg 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) to terminate the legal relationship between the child and her pre-adoption parents
  2. 2 Whether s 111 of the Adoption Act 2000 (NSW) has the same or comparable effect as reg 20, engaging reg 34 and precluding an application under reg 20
  3. 3 Whether the statutory preconditions of reg 20 are met

Ratio Decidendi

Section 111 of the Adoption Act 2000 (NSW) does not have the same or comparable effect as reg 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), thus reg 20 applies and enables the adoptive parent to apply for an order terminating the legal relationship between the child and her pre-adoption parents; all statutory preconditions of reg 20 are satisfied.

Court Disposition

Application granted. Order made under reg 20 of the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) terminating the legal relationship between the pre-adoption parents and the child. Approvals made as to the child's names.

Orders

  • Under reg 20, the adoption of the child Sophie by Ms Smith terminates the legal relationship between the pre-adoption parents of that child and the child.
  • The following forenames approved for the child: SOPHIE xxx