In the Matter of the Adoption of Ss

The matter in the Supreme Court of the Australian Capital Territory involved an application by PS and HK for the adoption of SS, who was born in Laos and was the son of PS’s brother. PS and HK were married and had previously adopted PS’s niece, who was now seven years of age. SS was almost 18 years of age at the time of the application. SS had come to Australia for the Olympic Games and had returned on a student visa, which allowed him to remain until the end of 2003. The natural parents of SS were resident in Laos and had already funded the university education of SS’s older brothers. The court was required to decide on the application for an adoption order under the Adoption Act 1993 (ACT). The central issues involved the nature of adoption, the effect of an adoption order, and the proper application of the Act. The court held that the welfare and interests of the child were paramount and that the main purpose of adoption was to provide a child with parents where the natural parents were unable to do so. The court also considered the effect of an adoption order on immigration laws and overseas adoptions, concluding that the adoption was not being sought primarily to evade immigration laws and that SS had not been brought to Australia for the purpose of adoption. The court found that the applicants were suitable persons to adopt SS and that the natural parents had given informed consent. The court held that the adoption order should not be made in favour of a relative of the child unless there were compelling circumstances to redefine the family relationships and it was not preferable to make an order relating to guardianship or custody of the child. In this case, the court found that neither of these considerations provided a sufficiently compelling circumstance to redefine the family relationships. The court refused the application for an adoption order.