ABBASI & JAHANIDEH

In *Abbasi & Jahanideh* [2018] FamCA 1168, the Family Court of Australia considered an application by Mr Abbasi and Ms Jahanideh for leave to commence adoption proceedings for Ms Jahanideh’s child, C. The proposed adoption was a step-parent adoption to be pursued in the Queensland state courts under the *Adoption Act 2009* (Qld). The child’s biological father, Mr B, was deceased, and the applicants did not yet meet all the statutory criteria for an adoption application under Queensland law.

The primary legal issue before the Court was whether granting leave to commence adoption proceedings would be in the best interests of the child, C, pursuant to section 60G of the *Family Law Act 1975* (Cth). This required the Court to consider the impact of an adoption order on existing parental responsibility and parenting orders, as outlined in sections 61E and 65J of the *Family Law Act*. The Court also had regard to the factors listed in section 60CC of the *Family Law Act* when assessing the child’s best interests.

Justice Forrest reasoned that the deceased status of the biological father meant his consent was not required and that the mother, Ms Abbasi, held sole parental responsibility. The Court found that C had a strong father-daughter relationship with Mr Abbasi, was aware of and supportive of the adoption, and expressed a desire to be legally identified as his daughter. The Court was satisfied that the adoption would strengthen the family unit, provide C with a sense of belonging, security, and identity, and that Mr Abbasi was financially capable and personally willing to adopt. Despite noting that the applicants had not yet met the three-year cohabitation requirement or citizenship criteria under the *Adoption Act 2009* (Qld), the Court concluded that granting leave was in C’s best interests.

The Court ordered that leave be granted to the applicants, Mr Abbasi and Ms Jahanideh, to make an application pursuant to the *Adoption Act 2009* (Qld) for the adoption of the child C by her stepfather, Mr Abbasi.