PETERS & ZIAN

In the Family Court of Australia, Mr Peters and Ms Yong applied for leave under s 60G of the *Family Law Act 1975* (Cth) to commence proceedings for the adoption of the child B, born in 1999. Ms Yong is B's biological mother, and Mr Peters is her husband. Mr Zian is B's biological father and the respondent to the application. The court was required to determine whether granting leave to commence adoption proceedings would be in the child's best interests, considering the effect of various provisions of the *Family Law Act 1975* and the *Adoption Act 2009* (Qld).

The court's reasoning focused on the child's best interests, as mandated by s 60G(2) of the *Family Law Act 1975*. The court noted that B's biological parents separated when he was approximately 21 months old, and he had no contact with Mr Zian since then. Mr Peters and Ms Yong commenced their relationship when B was seven, and Mr Peters developed a close bond with the child. B had relocated from Country J to Australia with Ms Yong and Mr Peters, with Mr Zian's consent. The court found that B enjoyed a very close relationship with both Ms Yong and Mr Peters, who financially supported him and treated him as his own son. Despite B being aware of his biological father, the court was satisfied that granting leave was in B's best interests.

The court granted leave to both Mr Peters and Ms Yong to commence adoption proceedings. However, the court expressed a reservation regarding the competency of Ms Yong, the biological mother and spouse of the step-parent, to apply for adoption under the Queensland *Adoption Act 2009*. This reservation stemmed from the potential unintended consequence of s 61E of the *Family Law Act 1975*, which could result in the biological mother losing parental responsibility upon adoption. Following precedent from other Family Court decisions, the court included Ms Yong in the order as a precautionary measure to avoid this outcome, as sought in the application.