Fuller & Anor and Gersten

In the matter of Fuller & Anor and Gersten, heard before Watts J of the Family Court of Australia, the applicants sought leave to commence adoption proceedings for a child born in 2005. The dispute centred on the necessity of obtaining the consent of Mr Gersten, presumably the child's father, for the adoption to proceed. The applicants also sought an order for the adoption of the child by Mr Fuller and a consequential amendment to the child's birth registration.

The primary legal issues before the Court were whether to grant the applicants leave to commence adoption proceedings, whether the consent of Mr Gersten could be dispensed with, and whether an adoption order should be made in favour of Mr Fuller. These determinations were to be made in accordance with the provisions of the *Family Law Act 1975* (Cth), the *Adoption Act 1993* (ACT), and the relevant cross-vesting legislation.

Watts J granted leave to the applicants to commence adoption proceedings pursuant to s 60G(1) of the *Family Law Act 1975*. The Court further ordered that the requirement for Mr Gersten's consent be dispensed with. Applying s 4(2) of the *Jurisdiction of Courts (Cross-Vesting) Act 1993* (ACT) and the *Jurisdiction of Courts (Cross-Vesting) Act 1987* (Cth), in conjunction with s 9 of the *Adoption Act 1993* (ACT), the Court made an adoption order in favour of Mr Fuller. Consequently, the Registrar of Births, Deaths and Marriages of the ACT was requested to amend the child's surname on the register to "Fuller".