Re J

In the Family Court of Australia, a dispute arose concerning the adoption of a child, identified as J, by his foster parents. The child's birth mother contested the adoption, objecting to the application for a consent dispense order. The foster parents, who had been caring for the child for several years, applied for an order to dispense with the child's birth mother's consent to the adoption. The mother was notified of the proposed adoption and the application for a consent dispense order. However, she did not file a notice of intention to oppose the making of the order within the prescribed period. The court needed to determine whether the foster parents were authorised carers of the child within the meaning of the relevant legislation and whether the notice served on the birth mother was valid.

The court considered whether the foster parents were authorised carers of the child as defined by section 67(1)(d) of the Adoption Act 2000 (NSW). The court held that the foster parents were indeed authorised carers, as they had been caring for the child for over a year. The court also examined the notice served on the birth mother. While the notice did not strictly comply with the Service and Execution of Process Act 1992 (Cth), the court found that there was effective compliance with section 72(1) of the Adoption Act 2000 (NSW). Consequently, the court granted the foster parents' application for a consent dispense order and subsequently made an adoption order, allowing the foster parents to adopt the child.