Hawkes

Mr and Ms Hawkes applied to the Family Court of Australia for leave to commence adoption proceedings for a child, P, born in August 2003. The application was made pursuant to section 60G of the *Family Law Act 1975* (Cth). The proceedings were undefended, and the respondent was unknown.

The court was required to determine whether to grant the applicants leave to commence adoption proceedings. This involved considering the legal framework governing step-parent adoptions, including the interplay between the *Family Law Act 1975* (Cth) and the *Adoption Act 2009* (Qld). A key issue was whether the granting of leave was in the best interests of the child, P, as mandated by section 60G(2) of the *Family Law Act 1975*.

The court noted that while the decision to grant leave under section 60G is distinct from the final adoption order, which is made by the State Magistrates Court, the State legislation's requirements are relevant. Specifically, the *Adoption Act 2009* (Qld) requires the child to be between five and seventeen years old, and that the Family Court has granted leave. The court also considered that it should not grant leave for proceedings that are likely to fail due to the absence of mandatory State prerequisites, such as parental consent. Applying the best interests principle, the court found that granting leave was in P's best interests, considering the established family unit and the male applicant's role in P's life.

Leave was granted to the applicants to commence adoption proceedings.