Rand & Anor and Unknown

This matter concerned an application by Mr and Ms Rand for leave to commence adoption proceedings in the Queensland State Magistrates Court for the adoption of a child, B, born in 2002. The applicants sought leave pursuant to section 60G of the Family Law Act 1975 (Cth). In addition to seeking leave to proceed with the adoption, the applicants also requested orders dispensing with service on the child's unknown biological father, that the application be heard ex parte, and that the application be heard and determined without a certificate issued pursuant to section 60I of the Family Law Act.

The primary legal issues before the Court were whether it was in the child's best interests to grant leave for adoption proceedings to commence, and whether the procedural requirements of the Family Law Act, specifically the need for a section 60I certificate and service on the biological father, could be dispensed with. The Court was required to consider the provisions of the Family Law Act, including sections 60G, 60I, 61E, and 65J, as well as the relevant provisions of Queensland's Adoption Act 2009.

Justice Forrest found that the exception under section 60I(9)(e) of the Family Law Act applied, as the unknown identity and whereabouts of the biological father made effective participation in family dispute resolution impossible. Consequently, the Court was satisfied that a section 60I certificate was not required and that service on the biological father could be dispensed with, allowing the application to proceed ex parte. The Court accepted Ms Rand's evidence that she had no knowledge of the biological father's identity or whereabouts since a brief relationship in 2001, and that he had played no role in the child's life.

In determining the best interests of the child, the Court considered the stable and loving family environment provided by Mr and Ms Rand, their marriage in 2007, their relocation to Australia, and the birth of their three other children. The Court was satisfied that Mr Rand was actively fulfilling a parental role and that the child was an integral and happy part of the family unit. Accordingly, the Court granted leave pursuant to section 60G of the Family Law Act for the applicants to commence adoption proceedings in the State Magistrates Court, finding it to be in the child's best interests.