Susan, Re [2009] NSWSC 592

Susan, Re [2009] NSWSC 592

Repeated and grave sexual abuse by an adoptive parent, resulting in ongoing psychological injury, constitutes an exceptional reason for discharging an adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW), where credible, cogent evidence supports the allegations, and the discharge will serve the best interests of the adopted individual, even though an irreversible restoration to a pre-adoption state is not possible.

Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Application to Discharge an Adoption Order / Final Judgment at First Instance
Outcome
Adoption order discharged.
Legal Topics
['adoption—discharge of Adoption Order' 'exceptional Reason for Discharge' 'sexual Abuse and Psychological Injury' 'best Interests of the Child/adult Adopted Person']
['family Law' "children's Law" 'equity'] ['adoption—discharge of Adoption Order' 'exceptional Reason for Discharge' 'sexual Abuse and Psychological Injury' 'best Interests of the Child/adult Adopted Person']

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Procedural Posture

Application to Discharge an Adoption Order / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether sexual abuse by adoptive father constitutes an 'exceptional reason' to discharge an adoption order under s 93(4)(b) Adoption Act 2000 (NSW)" 'Whether psychological injury may be alleviated by discharge of the adoption order' 'Standard of proof for allegations of sexual abuse in adoption discharge proceedings' 'Application of the best interests principle in discharge of adoption for adults']

Ratio Decidendi

Repeated and grave sexual abuse by an adoptive parent, resulting in ongoing psychological injury, constitutes an exceptional reason for discharging an adoption order under s 93(4)(b) of the Adoption Act 2000 (NSW), where credible, cogent evidence supports the allegations, and the discharge will serve the best interests of the adopted individual, even though an irreversible restoration to a pre-adoption state is not possible.

Court Disposition

Adoption order discharged.

Orders

  • ['The adoption order in respect of Susan is discharged.']