Miley and ANOR

In the Family Court of Australia, Mr and Ms Miley sought leave to commence proceedings for the adoption of a child, B, born in May 2003. The applicants, Ms Miley and her husband Mr Miley, had been cohabiting since 2004 and married in 2011. B is the biological child of Ms Miley and Mr C, who is deceased. The Mileys had been parenting B since she was very young, and she had been raised as a member of their family since their cohabitation began.

The primary legal issue before the court was whether to grant the applicants leave pursuant to section 60G of the *Family Law Act 1975* (Cth) to make an application for an order for the adoption of B. A secondary, related issue concerned the child's surname, with the applicants expressing a preference for B to use the surname Miley rather than her biological father's surname, C, given the father's death and B's long-standing integration into the Miley family.

Justice Johnston was satisfied that the applicants were in good health, had adequate financial means, and that B was thriving in her schooling and family environment. The court found that the application was appropriate and that the adoption process should be facilitated. Regarding the surname, the court concluded that it was in B's best interests to be able to use the surname Miley.

Leave was granted to Mr and Ms Miley pursuant to section 60G of the *Family Law Act 1975* to make application for an order for the adoption of B.