Bartrell and Anor and Campton

The Family Court of Australia considered an application by Mr and Ms Bartrell for leave to commence adoption proceedings for the child B, born in 2002. The respondent to the application was the child's biological father, Mr Campton. The applicants sought leave pursuant to section 60G of the *Family Law Act 1975* (Cth) to initiate adoption proceedings in a State Court.

The primary legal issue before the Court was whether to grant the applicants leave to commence adoption proceedings, which required a determination of the best interests of the child, B. This determination was to be made in accordance with section 60G(2) of the *Family Law Act 1975*. The Court also considered the implications of granting such leave, including the cessation of parental responsibility and the termination of existing parenting orders under sections 61E and 65J of the *Family Law Act 1975*, unless the adoption was by a "prescribed adopting parent" and leave had not been granted.

Justice Forrest found that Mr Campton had been properly served with notice of the application and was aware of the hearing and his ability to participate. Crucially, the Court had before it a letter from Mr Campton unequivocally stating his intention to relinquish all rights as the child's biological father and encouraging Mr Bartrell to adopt the child. The Court noted that Mr Bartrell had acted as the child's father since the child was approximately 12 months old, and the child had lived with Mr Bartrell and Ms Bartrell, along with their two younger children, since 2003. The Court accepted the evidence that Mr Campton's involvement with the child had been sporadic and detrimental to the child's wellbeing, and that Mr Campton now strongly desired to surrender his parental role.

Given the evidence of the strong father-child relationship between B and Mr Bartrell, and Mr Campton's clear and forceful desire to relinquish his parental rights and responsibilities, Justice Forrest determined that it was in the child's best interests to grant leave to the applicants to commence adoption proceedings in the State Court. The Court emphasised that the ultimate decision on the adoption would be made by the State Court, considering all relevant matters, including Mr Campton's consent.