Re DG and the Adoptions Act 2000 [2006] NSWSC 968

Re DG and the Adoptions Act 2000 [2006] NSWSC 968

Section 30(b) of the Adoption Act 2000 (NSW) requires that the step parent has lived with the child and the birth or adoptive parent for a continuous period of not less than 3 years immediately before the application for the adoption order. On the facts, that requirement is not satisfied because DG has resided in a separate household from her mother and stepfather for at least the relevant period; thus, the Court is prevented from making the adoption order.

Jurisdiction
Australia
Judgment Date
19 September 2006
Procedural Posture
Adoption Application / Judgment on Application
Outcome
Summons for adoption dismissed
Legal Topics
['adoption' 'step Parent Adoption' 'adult Adoption' 'statutory Interpretation']
['family Law'] ['adoption' 'step Parent Adoption' 'adult Adoption' 'statutory Interpretation']

Case Brief

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Procedural Posture

Adoption Application / Judgment on Application

Legal Issues

  1. 1 ['Whether s 30(b) of the Adoption Act 2000 (NSW) prevents the making of a step parent adoption order in respect of an adult where the step parent has not lived with the child and birth parent for 3 years immediately before the application' "Meaning of 'has lived with' in s 30(b) of the Adoption Act 2000 (NSW)"]

Ratio Decidendi

Section 30(b) of the Adoption Act 2000 (NSW) requires that the step parent has lived with the child and the birth or adoptive parent for a continuous period of not less than 3 years immediately before the application for the adoption order. On the facts, that requirement is not satisfied because DG has resided in a separate household from her mother and stepfather for at least the relevant period; thus, the Court is prevented from making the adoption order.

Court Disposition

Summons for adoption dismissed

Orders

  • ['Summons for adoption dismissed']