Schmidt & Anor and Hall

Mr and Mrs Schmidt applied to the Family Court of Australia for leave to commence adoption proceedings concerning their child, B, who was born in June 2001. The application was made pursuant to section 60G of the *Family Law Act 1975* (Cth). The respondent was Mr Hall, the child's biological father. The proceedings were heard by Benjamin J in Cairns on 10 September 2012.

The primary legal issue before the Court was whether to grant the applicants leave to commence adoption proceedings, a necessary precondition for a step-parent adoption under Queensland law. This required the Court to consider the best interests of the child, as mandated by section 60G(2) of the *Family Law Act 1975* (Cth), and to assess whether permitting the adoption proceedings to proceed in the State Magistrates Court would better promote the child's wellbeing and best interests than any alternative court orders. The Court also had to consider the requirements of the *Adoption Act 2009* (Qld), including the need for the biological father's consent.

Benjamin J reasoned that the best interests of the child were paramount and that the familiar best interest considerations contained in section 60CC of the *Family Law Act 1975* (Cth) were applicable. The Court noted that the biological father had provided an affidavit consenting to the adoption, having been informed of the proceedings and choosing not to appear. The applicants had demonstrated a deep and meaningful relationship with the child, providing him with emotional, financial, and psychological support since 2004, and had raised him as part of their family alongside their two younger children. The Court was satisfied that the child was thriving in this environment and that the applicants had the capacity to meet his needs. While the Court expressed concern about the child's Aboriginal background, it was confident that the applicants would handle this sensitively.

Consequently, Benjamin J granted leave pursuant to section 60G of the *Family Law Act 1975* (Cth) for the applicants to commence adoption proceedings in relation to the child. The matter was removed from the list of cases requiring determination, and the Court ordered that a copy of the reasons for judgment be placed on the court file. The Court also certified that it was reasonable to engage counsel to attend the hearing.