Denley and Anor and Ngo

The Family Court of Australia considered an application by Mr Denley and his wife, Ms Tran, for leave to commence adoption proceedings. The application sought leave for Mr Denley to adopt his stepdaughter, B Ngo (also known as C Denley), who was 17 years old at the time of the hearing. The biological father, Mr Ngo, resided overseas and had provided consent to the adoption. The proceedings were brought under section 60G of the *Family Law Act 1975* (Cth).

The primary legal issue before the Court was whether to grant leave to commence adoption proceedings, a decision governed by the best interests of the child under section 60G(2) of the *Family Law Act*. This involved considering the implications of adoption on parental responsibility and any existing parenting orders, particularly in relation to the biological father. Additionally, the Court had to assess whether the child's age, having already turned 17, presented an insurmountable barrier to the adoption under Queensland's *Adoption Act 2009* (Qld), and whether an exception under that Act could apply.

The Court reasoned that while the *Adoption Act 2009* (Qld) generally requires a child to be between five and seventeen years old for step-parent adoption, section 92 provides an exception if the Chief Executive of the relevant department is satisfied that the adoption process can be completed before the child turns eighteen. Evidence was presented indicating that the Department of Child Safety believed this was achievable if the matter proceeded promptly. The Court also noted that the biological father's consent, evidenced by official documentation allowing the child to leave his country of residence for permanent relocation to Australia, indicated his agreement to the adoption. Despite the father's absence and lack of personal service, the Court was satisfied that his consent was genuine and dispensed with the need for service. Crucially, the Court found that the child herself was enthusiastic about the adoption, and that Mr Denley had demonstrated a committed and loving parental role.

Given these circumstances, and particularly the child's best interests, the Court granted leave to Mr Denley to commence proceedings for the adoption of B Ngo in the Queensland State Courts.