The Adoption of James (a pseudonym) [2025] NSWSC 153

Statutory requirements for step-parent adoption of an adult are satisfied, and it is in the best interests of James for the adoption order to be made as it formalises and legally acknowledges the familial relationship between James, Trent, and Annabelle, without affecting legal recognition of Annabelle as James' mother.

Parties: Plaintiff: Trent Harry Thompson; Child: James Sean Thompson
Jurisdiction: Australia
Judgment Date: 06 March 2025
Procedural Posture: Adoption Application / Final Judgment
Outcome: Adoption order made in favour of stepfather; declaration and direction for birth certificate issued.
Legal Topics: Adult Adoption, Step Parent Adoption, Best Interests of the Child

Family Law Adult Adoption Step Parent Adoption Best Interests of the Child

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 1

Parties

Trent Harry Thompson

Plaintiff

James Sean Thompson

Child

Procedural Posture

Adoption Application / Final Judgment

Legal Issues

1 Whether adoption of an adult by stepfather is in the best interests of the adult child
2 Whether statutory requirements for step-parent adoption of an adult under the Adoption Act 2000 (NSW) are satisfied

Ratio Decidendi

Court Disposition

Adoption order made in favour of stepfather; declaration and direction for birth certificate issued.

Orders

Order for adoption of James Sean Thompson in favour of Trent Harry Thompson and approval of the name 'THOMPSON' as the surname and 'James Sean' as the given names.
Declaration pursuant to section 95(3) of the Adoption Act 2000 (NSW) that Annabelle Susan Thompson remains regarded in law as the mother.