Adoption of BW

The case of Adoption of BW involved a dispute over the recognition of an adoption in Australia. The matter was heard by the Family Court of Australia, where the applicants sought to adopt a child born in Hong Kong. The primary legal issue before the court was whether the scope of a preliminary hearing in adoption proceedings was limited to matters prescribed by section 80(1) of the Adoption Act and clause 89 of the Adoption Regulation. The court found that the preliminary hearing was not limited to these prescribed matters.

The court also addressed whether section 113 of the Adoption Act had a comparable effect to regulation 5 of the Family Law (Bilateral Arrangements – Intercountry Adoption) Regulations 1998. The court interpreted the meaning of "comparable effect" and concluded that section 113 of the Adoption Act did indeed have a comparable effect to the federal regulation. Additionally, the court considered the personal connecting factors and the concept of "habitual residence" in the context of private international law. It examined whether the physical presence of the applicants in Hong Kong for two years, due to employment reasons, resulted in them losing their habitual residence in New South Wales two months after their departure. The court determined that they had.

The court's reasoning and findings led to the conclusion that the preliminary hearing was not limited to the prescribed matters and that section 113 of the Adoption Act had a comparable effect to the federal regulation. Furthermore, the applicants had lost their habitual residence in New South Wales. The final orders of the court are not detailed in the extract provided.