Discharge of Adoption of Kate (a pseudonym) [2023] NSWSC 1317

Discharge of Adoption of Kate (a pseudonym) [2023] NSWSC 1317

The Court was satisfied that the significant and irretrievable breakdown of the relationship between Kate and the Adoptive Parents, together with the fact that the Adoptive Parents were no longer exercising and had no present entitlement to exercise parental responsibility for Kate, amounted to exceptional circumstances warranting discharge of the adoption order. Psychiatric evidence indicated that discharge was likely to benefit Kate's mental health, agency, and connection with her birth family, and that the benefits outweighed the risks, so the order was not prejudicial to her best interests. Kate's wish to change her surname was also respected.

Jurisdiction
Australia
Judgment Date
02 November 2023
Procedural Posture
Adoption; Application by Adoptive Parents to Discharge Adoption Order / Principal Judgment; Final Orders Made on 2 November 2023
Outcome
Order for adoption discharged; order for proposed name change made
Legal Topics
['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'breakdown of Adoptive Relationship' 'parental Responsibility' 'change of Surname']
['child Welfare' 'adoption' 'equity'] ['discharge of Adoption Order' 'exceptional Reason' 'best Interests of the Child' 'breakdown of Adoptive Relationship' 'parental Responsibility' 'change of Surname']

Case Brief

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Procedural Posture

Adoption; Application by Adoptive Parents to Discharge Adoption Order / Principal Judgment; Final Orders Made on 2 November 2023

Legal Issues

  1. 1 ['Whether there was some other exceptional reason why the adoption order should be discharged under s 93(4) of the Adoption Act 2000 (NSW).' "Whether making the discharge order would be prejudicial to Kate's best interests under s 93(5) of the Adoption Act 2000 (NSW)." "Whether Kate's surname should be changed so that it is no longer that of the Adoptive Parents."]

Ratio Decidendi

The Court was satisfied that the significant and irretrievable breakdown of the relationship between Kate and the Adoptive Parents, together with the fact that the Adoptive Parents were no longer exercising and had no present entitlement to exercise parental responsibility for Kate, amounted to exceptional circumstances warranting discharge of the adoption order. Psychiatric evidence indicated that discharge was likely to benefit Kate's mental health, agency, and connection with her birth family, and that the benefits outweighed the risks, so the order was not prejudicial to her best interests. Kate's wish to change her surname was also respected.

Court Disposition

Order for adoption discharged; order for proposed name change made

Orders

  • ['The order made by the Court on 19 December 2018 that Kate be adopted by the Adoptive Parents was discharged.' "Kate's surname was changed so that it is no longer that of the Adoptive Parents and uses a combination of her birth parents' surnames."]