Application MKL & MJL; re YSL (No 2) [2013] NSWSC 2019

Application MKL & MJL; re YSL (No 2) [2013] NSWSC 2019

In the circumstances, further inquiry to locate the birth mother was not reasonable because the birth mother had already given consent under Taiwanese law, had no continuing parental rights or responsibility under Taiwanese law, and established protocols prevented direct contact. Therefore, the requirement of 'reasonable inquiry' for the purposes of s 67(1)(a) of the NSW Adoption Act was satisfied, and consent from the natural mother could be dispensed with under NSW law.

Jurisdiction
Australia
Judgment Date
04 September 2013
Procedural Posture
Adoption Application / Consequential Orders
Outcome
Application for consent dispense order granted. Adoption orders made.
Legal Topics
['adoption' 'consent for Adoption' 'non Citizen Child Adoption' 'dispensing With Parental Consent']
['family Law' 'child Welfare'] ['adoption' 'consent for Adoption' 'non Citizen Child Adoption' 'dispensing With Parental Consent']

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Procedural Posture

Adoption Application / Consequential Orders

Legal Issues

  1. 1 ['Whether consent for adoption by the birth mother under the law of Taiwan satisfies the requirements of the NSW Adoption Act' 'Whether reasonable inquiry has been made in the circumstances to find the birth mother for the purposes of dispensing with her consent under the NSW Adoption Act']

Ratio Decidendi

In the circumstances, further inquiry to locate the birth mother was not reasonable because the birth mother had already given consent under Taiwanese law, had no continuing parental rights or responsibility under Taiwanese law, and established protocols prevented direct contact. Therefore, the requirement of 'reasonable inquiry' for the purposes of s 67(1)(a) of the NSW Adoption Act was satisfied, and consent from the natural mother could be dispensed with under NSW law.

Court Disposition

Application for consent dispense order granted. Adoption orders made.

Orders

  • ["Order pursuant to Adoption Act, s 67(1)(a) that the consent of the child's natural father be dispensed with." "Order pursuant to Adoption Act, s67(1)(a) that the consent of the child's natural mother be dispensed with." "Order pursuant to Adoption Act, s 88(4) that notice under s 88(1) of the Adoption Application...