The Adoption of Daisy (a pseudonym)

In this case, Daisy, a pseudonym for a child involved in adoption proceedings, has become the subject of a dispute between the Department of Communities and Justice and the child's birth mother. The child had consented to her adoption but had resided with the proposed adoptive parents for less than two years. The birth mother sought the restoration of Daisy to her care. The Department applied to the Family Court for an adoption order and for dispensation from the requirement for the consent of the birth parents. The court was required to determine whether the adoption order was in Daisy's best interests, whether the change of name should be approved, and whether consent dispensation orders should be made against the birth parents.

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.