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New South Wales |
Case Name: | The Adoption of Daisy (a pseudonym) |
Medium Neutral Citation: | [2025] NSWSC 1013 |
Hearing Date(s): | On the papers |
Date of Orders: | To be made |
Decision Date: | 5 September 2025 |
Jurisdiction: | Equity - Adoptions List |
Before: | Brereton J |
Decision: | Adoption orders to be made |
Catchwords: | CHILD WELFARE – adoption – whether adoption order is clearly preferable in best interests of the child – whether change of name should be approved – whether consent dispensation orders should be made against the birth parents – where birth mother seeks restoration of the child to her care – where birth father cannot be identified after reasonable inquiry – where child has consented to their own adoption but resided with the proposed adoptive parents for a period of less than two years – where it is appropriate to dispense with the requirement for the birth parents’ consent – change of name to be approved – adoption orders to be made |
Legislation Cited: | Adoption Act 2000 (NSW) |
Cases Cited: | Adoption of JLK and CRK [2017] NSWSC 7 |
Texts Cited: | N.A. |
Category: | Principal judgment |
Parties: | Secretary, Department of Communities and Justice by his delegate, Principal Officer, Adoptions, Barnardos Australia (plaintiff) |
Representation: | Barnados Australia (plaintiff) |
File Number(s): | 2025/142735 |
Publication Restriction: | This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW). |
JUDGMENT
These reasons concern an application for the adoption of a child who I will call “Daisy”, aged 13 years old, in favour of “Lola” and “Max”.[1]
[1] In this judgment, all names are pseudonyms so that the persons affected by the adoption application are not identified – see s 180 of the Adoption Act. This version of the judgment may be published.
By amended summons filed on 14 August 2025, the Secretary, Department of Communities and Justice (‘Secretary’) by his delegate, the Principal Officer, Adoptions, Barnardos Australia (‘Barnardos’) seeks the following orders:
(1)that pursuant to s 67(1)(d) of the Adoption Act 2000 (NSW), the Court dispense with the consent of Daisy’s birth mother, “Georgia”;
(2)that pursuant to s 67(1)(a) of the Adoption Act, the Court dispense with the consent of Daisy’s birth father;
(3)that pursuant to s 88(4) of the Adoption Act, the Court dispense with the requirement for the giving of notice of this application to Daisy’s birth father;
(4)that pursuant to s 23 of the Adoption Act, an order be made for the adoption…
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- Case
- [2025] NSWSC 1013
- Decision Date
CaseChat Overview and Summary
The court considered the statutory framework governing adoption in New South Wales, particularly the need to determine what is in the child's best interests. The court examined the evidence regarding Daisy's living arrangements, her relationship with the proposed adoptive parents, and the circumstances surrounding her birth parents. The court also considered the statutory requirement for the approval of a change of name and the appropriate circumstances for dispensing with the need for the consent of the birth parents.
In making its decision, the court found that the adoption order was in Daisy's best interests, given the stability and care provided by the proposed adoptive parents. The court approved the change of name, finding it appropriate for Daisy's new life. The court also made consent dispensation orders against the birth parents, noting that the birth father could not be identified after reasonable inquiry and that the birth mother's application to restore Daisy to her care was not in the child's best interests. The court determined that the statutory requirements for dispensing with the need for consent were met due to the circumstances of the case.
The court made orders approving the adoption, the change of name, and dispensing with the requirement for the consent of the birth parents. Daisy's adoption by the proposed adoptive parents was finalised, and the orders were made in the best interests of the child.
Orders
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Background
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Evidence
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Decision
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