Re J and the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth); Application of Director, Adoption & Permanent Care Services of the Department of Community Services of New South Wales on...

This case concerned the application by the Director of Adoption and Permanent Care Services of the Department of Community Services of New South Wales, seeking the court's approval for an intercountry adoption from a Hague Convention country. The court was asked to determine whether the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) or the Adoption Act 2000 (NSW) should apply, and whether certain orders could be made to facilitate the adoption. The court considered whether it should dispense with the requirement for notice to and consent by the parents, whether it had the power to change the forenames of the child, and whether the Registrar of Births, Deaths and Marriages was required to register the adoption order made under the Commonwealth Regulations.

The court found that the Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth) applied to the adoption rather than the Adoption Act 2000 (NSW). The court considered the requirements of the Hague Convention on Intercountry Adoption and held that it had the power to dispense with notice to and consent by the parents if it was in the best interests of the child. The court also held that it had the power to change the forenames of the child if it was appropriate, and that the Registrar of Births, Deaths and Marriages was required to register the adoption order made under the Commonwealth Regulations. The court also held that it had the power to make an order as to the date of birth if it was in the best interests of the child and there were sufficient grounds to support such a finding.

The court found that it had the power to direct the Registrar of Births, Deaths and Marriages to register the adoption and date of birth under section 19(2) of the Births, Deaths and Marriages Registration Act 1995 (NSW). The court considered the law reform that had occurred in this area and held that the court's power to make such orders was consistent with the principles of the Hague Convention on Intercountry Adoption. The court made the orders sought by the Director of Adoption and Permanent Care Services, including orders dispensing with notice to and consent by the parents, changing the forenames of the child, and directing the Registrar of Births, Deaths and Marriages to register the adoption and date of birth.