Adoption of R [2017] NSWSC 270

Adoption of R [2017] NSWSC 270

The Court refused to make an adoption order as the primary motivation was to provide R a tool for psychological independence from his parents, which is not the function of an adoption order. Achieving psychological independence is a normal developmental process and should not be facilitated by a legal order. An adoption order is legally unnecessary as R is an adult, and its making would not appropriately resolve the psychological or cultural issues present.

Parties
Applicant: S; Child: R; Intervener: Attorney General of New South Wales
Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Adoption Application / Principal Judgment
Outcome
Adoption order refused
Legal Topics
Adoption by Relative, Best Interests of the Child, Adult Adoption, Cultural Factors in Adoption
Family Law Adoption by Relative Best Interests of the Child Adult Adoption Cultural Factors in Adoption

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Parties

S

Applicant

R

Child

Attorney General of New South Wales

Intervener

Procedural Posture

Adoption Application / Principal Judgment

Legal Issues

  1. 1 Whether an adoption order should be made in favour of a sister adopting her adult brother
  2. 2 If the adoption order is in the best interests of the child under the Adoption Act 2000 (NSW)
  3. 3 Whether achieving psychological independence from birth parents is an appropriate ground for adoption

Ratio Decidendi

The Court refused to make an adoption order as the primary motivation was to provide R a tool for psychological independence from his parents, which is not the function of an adoption order. Achieving psychological independence is a normal developmental process and should not be facilitated by a legal order. An adoption order is legally unnecessary as R is an adult, and its making would not appropriately resolve the psychological or cultural issues present.

Court Disposition

Adoption order refused