Hutchens & Franz

In the matter of *Hutchens & Franz*, Strickland J of the Family Court of Australia considered an application for leave to commence adoption proceedings. The applicants, Mr and Mrs Hutchens, sought to adopt a child born in January 2002, in circumstances where a surrogacy arrangement had been in place between them and the respondent. Previous consent orders had already been made, granting the applicants sole parental responsibility for the child.

The central legal issue before the court was whether to grant the applicants leave to commence adoption proceedings, pursuant to section 60G(1) of the *Family Law Act 1975* (Cth). This required the court to consider the best interests of the child, as mandated by section 60CB of the Act, and to assess the respondent's awareness of the implications of the existing consent orders and the potential for a final adoption order.

Strickland J granted leave, finding that it was in the child's best interests. The court was satisfied that the respondent was fully aware of the consequences of the consent orders and the ultimate possibility of adoption. Consequently, the court ordered that leave be granted for the adoption proceedings to commence and that the respondent's application be dismissed and removed from the active pending cases list.