Adoption Re: P [2019] NSWSC 1623

Adoption Re: P [2019] NSWSC 1623

A combination of factors—including lifelong distress from adoption, lack of familial bonding, the secrecy of the adoption process, inappropriate and distressing conduct by the adoptive father, and clear evidence that discharge would promote the applicant's psychological well-being—constitute exceptional circumstances justifying discharge of the adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW), and such a discharge is in the best interests of P.

Jurisdiction
Australia
Judgment Date
13 November 2019
Procedural Posture
Application / Hearing and Judgment
Outcome
Adoption order discharged.
Legal Topics
['adoption' 'discharge of Adoption Orders']
['family Law' 'equity'] ['adoption' 'discharge of Adoption Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application / Hearing and Judgment

Legal Issues

  1. 1 ['Whether there are exceptional circumstances warranting the discharge of an adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW)' 'Whether discharge of the adoption order would be in the best interests of the applicant']

Ratio Decidendi

A combination of factors—including lifelong distress from adoption, lack of familial bonding, the secrecy of the adoption process, inappropriate and distressing conduct by the adoptive father, and clear evidence that discharge would promote the applicant's psychological well-being—constitute exceptional circumstances justifying discharge of the adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW), and such a discharge is in the best interests of P.

Court Disposition

Adoption order discharged.

Orders

  • ['Order discharging the adoption of P.' "Order to amend P's birth certificate and marriage certificate by removing Mr M and substituting Mr N as P's father."]