Adoption of CAR [2018] NSWSC 1552

Adoption of CAR [2018] NSWSC 1552

Section 116 of the Adoption Act 2000 (NSW) does not apply to adoption orders made in Convention countries such as the United States; as such, the Court cannot make the declaration sought recognising the US adoption order under s 116.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Summons / Final Judgment
Outcome
Summons dismissed
Legal Topics
['recognition of Overseas Adoption Orders' 'interpretation of Adoption Act 2000 (nsw)' 'hague Convention on Intercountry Adoption']
['adoption Law' 'equity'] ['recognition of Overseas Adoption Orders' 'interpretation of Adoption Act 2000 (nsw)' 'hague Convention on Intercountry Adoption']

Case Brief

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Procedural Posture

Summons / Final Judgment

Legal Issues

  1. 1 ['Whether s 116 of the Adoption Act 2000 (NSW) applies to recognition of an adoption order made in the United States, a Convention country' 'Whether the limitation in s 116(1)(a) of the Adoption Act 2000 (NSW) applies to adult adoptions from Convention countries']

Ratio Decidendi

Section 116 of the Adoption Act 2000 (NSW) does not apply to adoption orders made in Convention countries such as the United States; as such, the Court cannot make the declaration sought recognising the US adoption order under s 116.

Court Disposition

Summons dismissed

Orders

  • ['The Summons is dismissed.']