Crocker & Anor and Unknown

In the Family Court of Australia, Ms. Crocker and Mr. Crocker (the applicants) sought leave to commence adoption proceedings for the child M, born in April 1995. The respondent, the child's biological father, was unknown. The applicants sought to adopt M under section 60G of the *Family Law Act 1975* (Cth) and also requested to dispense with service on the unknown father.

The court was required to determine whether to grant the applicants leave to commence adoption proceedings, considering the best interests of the child. A further issue was whether to dispense with the requirement of service on the child's biological father, who was unknown to the applicants. The court also had to consider the interplay between the *Family Law Act 1975* (Cth) and the *Adoption Act 2009* (Qld), particularly the preconditions for adoption and the impact of the child's age on the application.

Murphy J granted leave to the applicants to commence adoption proceedings and to dispense with service. The court reasoned that the best interests of the child, a 17½-year-old, supported the adoption. The child had a close and loving relationship with Mr. Crocker, who had embraced her as his own daughter since 2007. The child herself expressed distress at not being legally recognised as a sibling to her younger half-siblings, and her views were considered to be of overwhelming weight given her age and the circumstances. The court acknowledged the unusual nature of the case, including the child's age and the delay in applying, but found that the affidavit material adequately explained these factors, particularly Mr. Crocker's government employment requiring relocation. The court also noted that while its role was to grant leave, the ultimate adoption order would be made by the State Magistrates Court, which would consider further criteria under the *Adoption Act 2009* (Qld).

Consequently, leave was granted to the applicants to commence adoption proceedings and to dispense with service. The judgment was published under the pseudonym Crocker & Anor & Unknown, with approval from the Chief Justice, pursuant to section 121(9)(g) of the *Family Law Act 1975* (Cth).