Simmons and Anor and Zuckermann

In the Family Court of Australia, Mr and Ms Simmons, the first and second applicants, sought an adoption order in relation to a child, B Zuckermann, with Ms Zuckermann as the respondent. The core of the dispute involved the consent of the biological father, Mr Zuckermann, which was informally obtained and not in the prescribed form required by the *Adoption Act 1993* (ACT).

The court was required to determine whether to grant leave to commence adoption proceedings under section 60G of the *Family Law Act 1975* (Cth) and, crucially, whether to dispense with the biological father's consent pursuant to section 35 of the *Adoption Act 1993* (ACT), despite his informal consent. The court also needed to ensure the proceedings were properly commenced under relevant cross-vesting legislation.

The court reasoned that while the biological father's consent had been informally obtained and he was willing for the adoption to proceed, it did not meet the formal requirements of the *Adoption Act 1993* (ACT). Consequently, the court exercised its discretion under section 35 of the Act to dispense with the formal consent. Leave was granted to commence the adoption proceedings, and an adoption order was made, formalising the child's name as B Simmons, with Mr and Ms Simmons registered as the parents. The Registrar-General of Births, Deaths and Marriages in the ACT was directed to issue a new birth certificate reflecting these changes.