Adoption of J [2015] NSWSC 1760

Adoption of J [2015] NSWSC 1760

The Court lacks jurisdiction to make the adoption order because Mr J, being over 18, was not cared for by the applicant prior to turning 18 years of age as required by s 24(2) of the Adoption Act 2000 (NSW).

Parties
Applicant: Mr G; Respondent: Mr J
Jurisdiction
Australia
Judgment Date
24 November 2015
Procedural Posture
Adoption Application / Summons Final Judgement
Outcome
summons dismissed
Legal Topics
Adoption of an Adult, Jurisdiction Under Adoption Act 2000 (nsw)
Family Law Child Welfare Adoption of an Adult Jurisdiction Under Adoption Act 2000 (nsw)

Case Brief

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Parties

Mr G

Applicant

Mr J

Respondent

Procedural Posture

Adoption Application / Summons Final Judgement

Legal Issues

  1. 1 Whether the Court has jurisdiction to make an adoption order for an adult under s 24 of the Adoption Act 2000 (NSW) where the applicant has only known the putative son as an adult

Ratio Decidendi

The Court lacks jurisdiction to make the adoption order because Mr J, being over 18, was not cared for by the applicant prior to turning 18 years of age as required by s 24(2) of the Adoption Act 2000 (NSW).

Court Disposition

summons dismissed

Orders

  • Summons dismissed.