Re M

In the matter of Re M, the Family Court was tasked with deciding whether to grant an application for the adoption of a child by a married couple. The father of the child opposed the adoption, while the mother, though not consenting, did not appear at the hearing. The applicants sought an order under section 67(1)(d) of the Adoption Act 2000 (NSW) to dispense with the consent of the natural parents and to make consequential orders regarding the child's name.

The court was required to determine whether the welfare and best interests of the child would be served by granting the adoption application in the absence of the mother's consent. Key considerations included the father's opposition, the impact of the mother's non-appearance, and the welfare of the child. The court also had to assess if the statutory criteria under section 67(1)(d) were satisfied, particularly whether it was in the child's best interests to dispense with the parents' consent.

The court found that the child's welfare and best interests were paramount. Despite the father's opposition, the court considered the mother's non-appearance and the absence of any evidence to suggest that she would provide a stable environment. The court concluded that the adoption by the married couple would provide a stable and loving home for the child. The statutory criteria under section 67(1)(d) were met, as the court was satisfied that dispensing with the parents' consent was in the child's best interests.

Accordingly, the court made an order dispensing with the consent of the natural parents and granted the adoption application. The court also made consequential orders regarding the child's name, aligning with the wishes of the adoptive parents.