Application of MKM & RDM; re SCH [2010] NSWSC 1270

Notice of adoption application must be given to natural father as grounds for dispensing with notice are not established. Child's consent dispenses with requirement for father's consent under Adoption Act. Without leave under Family Law Act s 60G, adoption order does not affect parental responsibility or status under Family Law Act.

Jurisdiction: Australia
Judgment Date: 06 September 2010
Procedural Posture: Adoption Application / Final Orders
Outcome: Adoption order granted
Legal Topics: ['adoption Order' 'consent of Parent' 'notice Requirement' 'jurisdiction Under Family Law Act' 'effect of Adoption Order']

['family Law' 'child Welfare' 'adoption'] ['adoption Order' 'consent of Parent' 'notice Requirement' 'jurisdiction Under Family Law Act' 'effect of Adoption Order']

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Procedural Posture

Adoption Application / Final Orders

Legal Issues

1 ['Whether the notice requirement under Adoption Act 2000 s 54(3)(a) should be dispensed with' 'Whether consent of the natural father is required when child over 12 has consented' 'Whether court may deal with an application under Family Law Act s 60G' 'Effect of not obtaining leave under Family Law Act s 60G on the adoption order']

Ratio Decidendi

Court Disposition

Adoption order granted

Orders

['Order for adoption of child SCH in favour of applicants MKM and RDM' 'Order for child to have specified forenames and surname' 'Matter referred to chambers for formal completion of the order']