Adoption of NV

[2015] NSWSC 2146

Supreme Court

New South Wales

Medium Neutral Citation:	Adoption of NV [2015] NSWSC 2146
Hearing dates:	27 October 2015
Date of orders:	27 October 2015
Decision date:	27 October 2015
Jurisdiction:	Equity - Adoptions List
Before:	Brereton J
Decision:	Consent dispense order made; parental responsibility order made.
Catchwords:	FAMILY LAW AND CHILD WELFARE – parental responsibility – application for consent dispense order in respect of birth father – where birth father cannot, after reasonable inquiries, be found or identified – no requirement to serve application for consent dispense order on birth father – where in best interests of child to make dispense consent order – continuation of interim parental responsibility order.
Legislation Cited:	(NSW) Adoption Act 2000, s 67(1), s 72(2), s 84(2), 184(2), s 194(2)
Category:	Procedural and other rulings
Parties:	The Secretary, NSW Department of Family and Community Services (plaintiff)
Representation:	Counsel: Ms Anderson (solicitor) (plaintiff)   Solicitors: Crown Solicitor (plaintiff)
File Number(s):	A105/2015

Judgment (ex tempore)

1. HIS HONOUR: I have read the affidavit of Grace Romeo of 23 October 2015.

2. For reasons given on 29 September 2015, on that day I made an order, pursuant to (NSW) Adoption Act 2000, s 184(2), giving the Secretary interim parental responsibility for NW until 27 October 2015, joining the birth mother as a defendant, and directing service on the birth mother.

3. The birth mother has since been served and has now consented to the adoption of the child, although the revocation period has not yet expired. Today, the Secretary seeks a consent dispense order in respect of the birth father, and an order for interim parental responsibility for a period of 12 months, it being intended that the child will be placed with proposed adoptive parents upon the expiry of the revocation period.

4. The birth father is unknown, the child having been conceived apparently as a result of a short encounter between the mother and the father with whom she had no previous or subsequent contact and whom she says she does not know and would not know how to locate. There does not appear to be any other means of identifying the birth father than through the mother and it does not appear that any further enquiries are going to advance that any further. I am satisfied for the purposes of s 67(1)(a) that the birth father cannot, after reasonable enquiries, be found or identified. In those circumstances, the requirement to serve notice of the application or the consent dispense order on the birth father does not apply, pursuant to s 72(2)(a).

5. I am satisfied that it is in the interests of the child to make a consent dispense order, as it will facilitate the child's placement with adopting parents, and in circumstances where the birth mother has consented and the birth father cannot be found, facilitating that course is plainly in the child's best interests.

6. It is also appropriate that, for reasons explained on the last occasion – and given that it will be necessary for a placement to be found and to become established before adoption proceedings can be taken further – the Secretary's interim parental responsibility continue.

7. The Court therefore orders that:

1. The plaintiff have leave to amend the summons by filing an amended summons in the form initialled by me, dated this day and placed with the papers.

2. Pursuant to Adoption Act, s 67(1)(a), the consent of the child's birth father be dispensed with.

3. Pursuant to Adoption Act, s 84(2), until and including 27 October 2016 or further order, the Secretary have parental responsibility for the child NV born 27 March 2015.

4. Pursuant to Adoption Act, s 194(2), the Secretary or his delegate may provide a copy of this order to Barnardos Australia.

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Decision last updated: 22 September 2017