Re K & The Adoption Act 2000 [2005] NSWSC 858

Re K & The Adoption Act 2000 [2005] NSWSC 858

The consent of the child's natural parents is required, but may be dispensed with under s 67(1)(a) of the Adoption Act as reasonable inquiry cannot identify or locate them due to Korean law conferring anonymity; consent of Korean guardian is not required under s 52 as the Minister assumes guardianship upon arrival in Australia; adoption order and consent dispensation were granted as it is in the best interests of the child.

Jurisdiction
Australia
Judgment Date
25 August 2005
Procedural Posture
Adoption Application / Judgment
Outcome
Adoption order granted; consent of natural parents dispensed with.
Legal Topics
['adoption' 'consent Dispensation' 'intercountry Adoption']
['family Law'] ['adoption' 'consent Dispensation' 'intercountry Adoption']

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Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 ["Whether consent of child's natural parents and Korean guardian is required or can be dispensed with for adoption under NSW law" 'Whether notice of the application must be given to the parents/guardian']

Ratio Decidendi

The consent of the child's natural parents is required, but may be dispensed with under s 67(1)(a) of the Adoption Act as reasonable inquiry cannot identify or locate them due to Korean law conferring anonymity; consent of Korean guardian is not required under s 52 as the Minister assumes guardianship upon arrival in Australia; adoption order and consent dispensation were granted as it is in the best interests of the child.

Court Disposition

Adoption order granted; consent of natural parents dispensed with.

Orders

  • ['Order for adoption of child made in accordance with paragraph 1 of summons.' 'Order approving child’s names in accordance with paragraph 2 of summons.' "Order dispensing with consent of child's natural parents pursuant to s 67(1)(a) and (2) of Adoption Act."]