Adoption of R

In the matter of Adoption of R, the court was asked to consider an application by a woman, the applicant, seeking to adopt her now adult brother, the subject child. The applicant had acted in a maternal role for much of the subject child's life and had maintained regular contact with the child's birth parents. The applicant submitted that making an adoption order would legitimise the de facto relationship between her and the subject child, akin to that of mother and son, and provide the subject child with a tool to achieve psychological independence from his birth parents. The birth parents consented to the adoption order being made.

The legal issues before the court were whether the adoption order would be in the best interests of the subject child, and whether the court should exercise its discretion to make the order. In considering these issues, the court had regard to the factors set out in section 88 of the Adoption Act 2000 (Vic), including the views of the subject child, the effect of the adoption on the subject child, and the need to avoid any detrimental effect on the subject child's relationship with his birth parents.

The court found that the adoption order was in the best interests of the subject child. The court accepted the evidence of the applicant and the subject child that the adoption would legitimise their de facto relationship and provide the subject child with a sense of security and belonging. The court also found that the adoption would not have any detrimental effect on the subject child's relationship with his birth parents, as they had consented to the adoption and had maintained regular contact with the applicant and the subject child. The court therefore exercised its discretion to make the adoption order.

The court made an order adopting the subject child by the applicant, with effect from the date of the order. The court also made an order that the adoption be registered by the Registrar of Births, Deaths and Marriages.