Adoption of F Children (anonymised)

[2020] NSWSC 684

Supreme Court

New South Wales

Medium Neutral Citation:	Adoption of F Children (anonymised) [2020] NSWSC 684
Hearing dates:	19 May 2020
Date of orders:	19 May 2020
Decision date:	19 May 2020
Jurisdiction:	Equity - Adoptions List
Before:	Sackar J
Decision:	Adoption Orders made
Catchwords:	FAMILY LAW — Children — Adoption — Where adoption effectively unopposed — Whether adoption clearly preferable and in the children’s best interests — Adoption plan — Name change
Legislation Cited:	Adoption Act 2000 (NSW)
Cases Cited:	n/a
Texts Cited:	n/a
Category:	Principal judgment
Parties:	The Secretary, New South Wales Department of Communities and Justice by his delegate, Principal Officer, Barnardos Australia (plaintiff) G H F I J F K L F M N S
Representation:	Counsel: No appearances – Orders were made in chambers   Solicitors: No appearances
File Number(s):	2020/15150

Judgment

1. These proceedings involve the adoption of four persons. G born in 1998, I born in 1999, K born in 2001 and M born in 2003.

2. The hearing which took place in chambers was effectively unopposed and I therefore made orders in the presence of all parties (on AVL screen)with the exception of the birth mother on 19 May 2020.

3. Given the age of the young persons concerned the question of consent does not arise. In addition they had lived with the proposed adoptive parents since February 2007. The adoptive parents have one biological daughter, O, born in 1998.

4. The proposed adoptive parents, the young persons concerned and their birth mother had agreed an amended adoption plan which all the relevant parties have signed. Both the birth parents had been notified of the application before the court on 28 January 2020 respectively. Upon service of the various documents upon both birth parents, the father indicated he did not want to contest the application however at that point the mother wanted to consult with Legal Aid. Having done so her solicitor Ms Phillips on 5 May 2020 informed the NSW Crown Solicitor that although she did not consent to the adoption she understood each young person wanted to be adopted and she therefore wanted to respect their wishes. She did not wish to be heard further in relation to the proceedings and consented to the matter being heard without the need for an oral hearing. That said the proposed adoptive parents and the young persons wished to be present when I made the orders.

5. Before any order for adoption is made the court must be satisfied of the relevant statutory requirements. Having carefully considered all of the materials provided I was accordingly satisfied. I gave as I am obliged consideration to each young person concerned.

6. There is no doubt in my mind that in each case adoption is the clearly preferable course. In particular I have placed reliance upon the expert report of Ms O Allen of 18 February 2020. In particular not only did she carefully consider in considerable detail each young person but the appropriateness of the adoptive parents. She observed that they have provided a loving, stable and safe home for each concerned. They have more than adequately provided for the physical, mental and emotional health of each young person.

7. From the materials I have considered the strong psychological bond which obviously exists between the adoptive parents and these young persons is palpable. In the circumstances the reason I am of the view that adoption is clearly the preferable option apart from their express desires, it is that it will provide each person with a sense of lifelong permanency and security. It is to her credit that their birth mother has been able to recognise this and has in their interests adopted the stance she has. Her selfless attitude in that regard will undoubtedly enhance her relationship with all concerned in the future.

8. I am clearly satisfied that the adoptive parents meet all relevant criteria. They are of good fame and character and most importantly show insight into their role and have provided a stable and loving environment for the persons concerned. They have met all relevant needs.

9. As far as a name change for M is concerned I am of the view that it is in his interests that that occur. It will bring him onto line with his siblings and lead him to feel, if it were possible, a greater sense of belonging. The others have already changed their names and his name change consolidates their joint sense of family.

10. I have also carefully considered the Adoption Plan by the adoptive parents and the birth mother. In my view it is entirely appropriate and it should be registered accordingly.

11. Each of G, I, K and M had not only expressed their desire to be adopted but also their disappointment at the length of time it has taken for their wishes to be realised. I have great sympathy for their genuine concerns in that regard. Orders of the type made in such cases as this are some of the most important work this court ever does. The need for a court to be satisfied about the relevant issues is a decision of profound importance to all concerned. I sincerely trust that the making of the orders brings a real sense of finality.

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Decision last updated: 10 June 2020