Adoption of PS

The matter before the court involved an application for an adoption order in relation to a child known as PS, who had been in the care of the Department of Human Services since birth. The child had been placed with the proposed adoptive parent, who sought to adopt PS. The court was required to determine whether making an adoption order was clearly preferable to any other order that could be made regarding the care of PS. The court needed to weigh various factors, including the child's consent, the child's progress while in placement with the adoptive parent, the birth mother's mental health issues, and the suitability of the proposed adoptive parent.

The court considered the weight to be ascribed to PS's consent to the adoption, particularly given that PS had settled in the placement with the adoptive parent and had developed familial and psychological ties. The court also assessed the birth mother's mental illness, which compromised her parenting capacity, and determined that there was no realistic prospect of restoring PS to the care of the birth parents. The court further examined the suitability of the proposed adoptive parent, including their support for contact with the birth mother, despite the birth mother's objection to supervised contact by the adoptive parent. Additionally, the court reviewed the adoption plan, including amendments made during the hearing, to ensure it was appropriate and suitable for PS's needs and that all parties understood and freely entered into it.

After considering all the factors, the court found that making an adoption order was clearly preferable to any other order that could be made with respect to the care of PS. The court concluded that not making an adoption order would compromise PS's emotional and psychological development, and that adoption would better serve PS's identity needs by confirming their identity with their psychological family while preserving the opportunity for them to know their birth parents and understand why they do not live with them. The court also determined that changing PS's last name to that of the adoptive parent was in their best interests, as it would reinforce PS's membership of the adoptive parent's family. The court granted the adoption application, allowing the proposed adoptive parent to adopt PS and change their name.