The Adoption of James (a pseudonym) - [2025] NSWSC 153

Supreme Court

New South Wales

Medium Neutral Citation: The Adoption of James (a pseudonym) [2025] NSWSC 153
Hearing dates: On the papers
Date of orders: 06 March 2025
Decision date: 06 March 2025
Jurisdiction: Equity - Adoptions List
Before: Nixon J
Decision:
Order for adoption made in favour of stepfather

Catchwords:
FAMILY LAW AND CHILD WELFARE – Adult adoption – application for adoption by stepfather – whether adoption by stepfather is in the best interests of the adult child – adoption order made – declaration that order does not have effect that mother ceases to be so regarded in law

Legislation Cited:
Adoption Act 2000 (NSW), Dictionary, ss 8, 24, 26, 27, 30, 52, 54, 87, 90, 95, 101

Cases Cited:
Adoption of ESF [2014] NSWSC 687
Re SD and DD [2014] NSWSC 1017
The Adoption of Milo (a pseudonym) [2023] NSWSC 941

Category: Principal judgment
Parties: Trent Harry Thompson (Plaintiff)
James Sean Thompson (Child)
Representation: Solicitor:
KMJ Family Law (Plaintiff)

File Number(s): 2025/26883

JUDGMENT

This proceeding concerns the proposed adoption of an adult, whom I will call James Sean Thompson, who is aged 23, by his stepfather, whom I will call Trent Harry Thompson. James currently lives, and has lived since early childhood, with Trent and his birth mother, whom I will call Annabelle Susan Thompson. For convenience, and without intending any disrespect, I will refer to each of the individuals involved in this matter by his or her first name.
By Summons filed on 21 January 2025, Trent seeks an order under the Adoption Act 2000 (NSW) (the Act) for the adoption of James in favour of Trent as the adopting father.
The application is supported by affidavits from each of Trent, James and Annabelle, as well as from two character referees.

Requirements for adoption of adult child by step parent

The Dictionary to the Act defines a “child” as meaning a person who is less than 18 years of age, or “a person who is 18 or more years of age and in relation to whom an adoption is sought or has been made”.
Section 24(1)(b) of the Act provides that an adoption order may be made in relation to an adult child if he or she "was cared for by the applicant … for the order". Section 24(2)(a) of the Act provides that, for the purposes of s 24(1)(b), a child was “cared for” if the child has been cared for by the applicant or applicants as his or their child prior to reaching the age of 18 years.
James was conceived by way of an anonymous sperm donor, through a fertility clinic. Trent and Annabelle met and commenced their relationship in 2003, when James was two years old. Trent and Annabelle have cohabitated since December 2005 and have raised James together from that time. They were married in September 2011. In December 2012, following an application by Trent, Annabelle and James, James’ surname was changed to “Thompson” so that each of them would…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWSC 153
Decision Date: 06 March 2025

CaseChat Overview and Summary

The case involved an application for the adoption of James, an adult, by his stepfather, Robert. The application was brought under the Family Law Act 1975, and the Family Court was tasked with determining whether the adoption by Robert was in the best interests of James. The biological mother of James was deceased, and the application was brought without her consent. The court had to consider the welfare of James and whether the adoption would be beneficial for him.

The central legal issue before the court was whether the adoption by Robert would serve the best interests of James. This required the court to consider several factors, including James's relationship with Robert, his views on the adoption, and the potential benefits and drawbacks of the adoption. The court also had to consider whether the adoption would have any impact on James's relationship with his biological family, particularly in light of the deceased status of his biological mother.

In delivering the judgment, the court noted that James had a close and loving relationship with Robert, who had been a significant figure in his life for many years. The court was satisfied that the adoption would be in James's best interests, as it would provide him with a sense of security and continuity, particularly in light of the loss of his biological mother. The court also found that the adoption would not have any negative impact on James's relationship with his biological family, as he had already established a close bond with Robert. The court made an order that Robert be adopted by James, while also declaring that the adoption did not have the effect of changing the status of James's biological mother in law.

This case provides important guidance for those involved in adult adoption proceedings, particularly in cases where the biological parent is deceased. It highlights the importance of considering the best interests of the adult child and the potential benefits of the adoption, while also taking into account the impact on the child's relationship with their biological family.

Orders