Supreme Court
New South Wales
Medium Neutral Citation: Adoption of N [2023] NSWSC 709 Hearing dates: 31 March 2023. Further evidence received on 5 April 2023. Date of orders: 6 April 2023 Decision date: 29 June 2023 Jurisdiction: Equity - Adoptions List Before: Henry J Decision: Adoption order under the Adoption Act 2000 (NSW) made in relation to the child known as N.
Catchwords: CHILD WELFARE — adoption — adoption of child relative from Ghana — whether Court has jurisdiction to make order under s 23 of the Adoption Act 2000 (NSW) — whether Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption applies — where child has resided in Australia since February 2020 — whether child lost habitual residence in Ghana — whether child is non-citizen child for purpose of s 31 of the Adoption Act 2000 (NSW) — where child is over 12 but less than 18 years old and has given sole consent — where birth parents and Head of Ghana Central Adoption Authority have given consent — whether requirements under Adoption Act 2000 (NSW) satisfied — whether adoption order is in best interests of child — adoption order made — change of name approved
Legislation Cited: Adoption Act 2000 (NSW)
Adoption Regulation 2015 (NSW)
Adoption Regulations, 2018 (L.I. 2360)
Children’s Act, 1998 (Act 560)
Children’s (Amendment) Act, 2016 (Act 937)
Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth)
Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption
Immigration (Guardianship of Children) Act 1946 (Cth)
Cases Cited: Adoption of R [2017] NSWSC 270
LK v Director General, Department of Community Services (2009) 237 CLR 582; [2009] HCA 9
Punter v Secretary for Justice as the New Zealand Central Authority [2004] NZLR 28
Re Adoption Application by KGC and TGC [2007] NZFLR 851
Re LC (Children) (Reunite International Child Abduction Centre Intervening) [2014] All ER (D) 62 (Jan); [2014] 2 WLR 124
Re WS (No 2) [2017] NSWSC 475
Re WS (No 3) [2017] NSWSC 1160
Category: Principal judgment Parties: RM (First Plaintiff)
NL (Second Plaintiff)
Secretary, New South Wales Department of Communities and Justice (Intervenor)Representation: Counsel:
Solicitors:
Dr C McConaghy (Plaintiffs)
Dr M Barnett SC (Intervenor)
Freedman & Gopalan Solicitors (Plaintiffs)
Crown Solicitor’s Office (Intervenor)
File Number(s): 2022/274493 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW).
JUDGMENT
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These reasons deal with an application by a married couple, RM and NL (Adoptive Parents), for the adoption of RM’s grandson, N, who was born in Ghana and is 14 years of age.
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The Adoptive Parents are Australian citizens and reside in Sydney. They have provided care and financial support to N for many years. Since February 2020, N has lived with the Adoptive Parents in Australia having been granted various temporary visas.
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N’s birth parents are alive and reside in Ghana, but are unable to care for N. They consent to the Adoptive Parents adopting N and…
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- AGLC
- Adoption of N [2023] NSWSC 709
- Case
- [2023] NSWSC 709
- Decision Date
CaseChat Overview and Summary
The Court found that the child had indeed lost their habitual residence in Ghana and was therefore considered a non-citizen child under the Act. The Court also determined that the requirements of the Adoption Act 2000 (NSW) were satisfied, including the need for the adoption to be in the child's best interests. The Court examined the evidence and submissions from all parties, including the child's sole consent and the consents of the birth parents and the Head of Ghana Central Adoption Authority. The Court concluded that the adoption order was in the best interests of the child and approved the change of name as part of the adoption process. Ultimately, the Court made the adoption order, allowing the relatives in Australia to legally adopt the child from Ghana.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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