The Adoption of Elisabeth (a pseudonym)

The matter before the Family Court was an application by the Department of Human Services for an order dispensing with the consent of the father of Elisabeth, a minor, to her adoption. The Department applied for the dispense order prior to making an application for an adoption order. The father was not identified and the court had to consider whether reasonable enquiries had been made to locate the father. The Court was required to determine whether the statutory criteria for dispensing with the father's consent were satisfied.

The court examined the statutory requirements under the Adoption Act 2009 (SA) to determine whether reasonable enquiries had been made to locate the father. It was established that the Department had made diligent and reasonable enquiries to identify and locate the father, including contacting the last known address of the mother, and investigating potential family members. The court found that the Department had satisfied the statutory requirements for reasonable enquiries.

The court held that the statutory criteria for dispensing with the father's consent were satisfied. The court found that the father's identity and whereabouts were unknown, despite the Department's reasonable enquiries. The court also found that it was in Elisabeth's best interests to be adopted by the applicant, given her age and the stability of the prospective adoptive parents. The court granted the application for a consent dispense order, and the adoption order was subsequently made.

The court made an order dispensing with the consent of the father to Elisabeth's adoption, and the adoption order was made. The court found that the Department had made reasonable enquiries to locate the father, and that it was in Elisabeth's best interests to be adopted by the applicant. The father's unknown identity and whereabouts satisfied the statutory criteria for dispensing with his consent.