Re: The Adoption of "Z" [2020] NSWSC 1725

Re: The Adoption of "Z" [2020] NSWSC 1725

The applicant was a concerned person and established exceptional reasons for discharge: the Court accepted her evidence of sexual abuse and domestic violence in the adoptive home and considered that, if reported at the time, it would most likely have led to termination of the parental relationship and removal from adoptive care. The interests of justice required discharge of the adoption order. No order changing or recording the applicant's name was warranted because she had already changed her name to "N P Z" in 1997. The Court accepted DNA and expert evidence establishing a very high probability that X A R was the applicant's biological father and made an order for a new birth...

Jurisdiction
Australia
Judgment Date
01 December 2020
Procedural Posture
Application for Discharge of Adoption Orders and Related Birth Registration Orders / Principal Judgment After Hearing
Outcome
Adoption order discharged; order made for a new birth certificate recording the applicant's biological mother and father; requested name-change and related birth-certificate name-recording orders declined.
Legal Topics
['discharge of Adoption Orders' 'exceptional Reason for Discharge' 'change of Name Consequent Upon Discharge' 'birth Certificate Recording Biological Parents' 'dna Evidence in Adoption Proceedings']
['family Law and Child Welfare' 'adoption' 'births, Deaths and Marriages Registration'] ['discharge of Adoption Orders' 'exceptional Reason for Discharge' 'change of Name Consequent Upon Discharge' 'birth Certificate Recording Biological Parents' 'dna Evidence in Adoption Proceedings']

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Procedural Posture

Application for Discharge of Adoption Orders and Related Birth Registration Orders / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the adoption order made in March 1952 should be discharged under s 93(4)(b) of the Adoption Act 2000 (NSW).' "Whether, consequent upon discharge, the applicant's name should be changed pursuant to s 93(7)(a) of the Adoption Act 2000 (NSW)." 'Whether the Registry should be directed under s 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW) to record "N P Z" as the applicant\'s name on her birth certificate.' "Whether a new birth certificate should be issued recording the names of the applicant's biological mother and father."]

Ratio Decidendi

The applicant was a concerned person and established exceptional reasons for discharge: the Court accepted her evidence of sexual abuse and domestic violence in the adoptive home and considered that, if reported at the time, it would most likely have led to termination of the parental relationship and removal from adoptive care. The interests of justice required discharge of the adoption order. No order changing or recording the applicant's name was warranted because she had already changed her name to "N P Z" in 1997. The Court accepted DNA and expert evidence establishing a very high probability that X A R was the applicant's biological father and made an order for a new birth...

Court Disposition

Adoption order discharged; order made for a new birth certificate recording the applicant's biological mother and father; requested name-change and related birth-certificate name-recording orders declined.

Orders

  • ['The adoption order made by Roper J in March 1952 pursuant to Part XIX of the Child Welfare Act 1939 (NSW) was discharged.' 'The request for an order under s 93(7)(a) of the Adoption Act 2000 (NSW) changing the applicant\'s name to "N P Z" was refused.' 'The request for an order under s 19(2) of the Births, Deaths...