Adoption application 235/1955, re SJK [2013] NSWSC 2006

Adoption application 235/1955, re SJK [2013] NSWSC 2006

Because the birth father was not shown on SJK's original birth certificate, he was an unacknowledged birth father. Information identifying his full name could be used to identify him and, consistently with reg 55 and the policy that unacknowledged birth fathers should not be revealed without consent, the Court declined to provide his full name. However, SJK's request for the reasons he was given up for adoption could be answered without disclosing identifying information about the unacknowledged birth father, and that information could be provided.

Jurisdiction
Australia
Judgment Date
11 December 2013
Procedural Posture
Adoption Information Application / In Chambers; Principal Judgment
Outcome
Provision of information regarding reasons for adoption; declined to provide the full name of the birth father.
Legal Topics
['access to Adoption Information' 'prescribed Adoption Information' 'unacknowledged Birth Fathers' 'court Adoption Records']
['adoption Law'] ['access to Adoption Information' 'prescribed Adoption Information' 'unacknowledged Birth Fathers' 'court Adoption Records']

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Procedural Posture

Adoption Information Application / In Chambers; Principal Judgment

Legal Issues

  1. 1 ['Whether SJK was entitled to receive prescribed information held by the Court about the reasons he was given up for adoption.' 'Whether the Court or another information source could supply information identifying the full name of an unacknowledged birth father without his consent.' 'Whether the Court, when dealing with an application for access to Court adoption records under s 143 of the Adoption Act 2000 (NSW), is constrained by guidelines under s 142.']

Ratio Decidendi

Because the birth father was not shown on SJK's original birth certificate, he was an unacknowledged birth father. Information identifying his full name could be used to identify him and, consistently with reg 55 and the policy that unacknowledged birth fathers should not be revealed without consent, the Court declined to provide his full name. However, SJK's request for the reasons he was given up for adoption could be answered without disclosing identifying information about the unacknowledged birth father, and that information could be provided.

Court Disposition

Provision of information regarding reasons for adoption; declined to provide the full name of the birth father.

Orders

  • ['Declined to provide information as to the full name of the birth father.' 'Provided information as to the reason SJK was given up for adoption without disclosing information identifying the unacknowledged birth father.']