Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: The Adoption of Sam (a pseudonym) [2024] NSWSC 1317 Hearing dates: On the papers Decision date: 21 October 2024 Jurisdiction: Equity - Adoptions List Before: Stevenson J Decision: Adoption orders made
Catchwords: CHILD WELFARE – adoption – best interests – where birth parents oppose adoption – where birth mother opposes adoption due to belief of wrongful removal at birth – where birth mother opposes adoption in circumstances where adoptive parents are a same-sex couple – where birth mother opposes adoption due to fear of birth family contact not being facilitated post-adoption – whether adoption order would be in best interests of the child
Legislation Cited: Adoption Act 2000 (NSW)
Adoption Amendment (Same Sex Couples) Act 2010 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033
Adoption of RCC and RZA [2015] NSWSC 813
Adoption of Taylor-Clay [2019] NSWSC 27
Director-General, NSW Department of Family and Community Services Re JS [2013] NSWSC 306
Re ASK and the Adoption Act 2000 [2017] NSWSC 521
Re: William and Jane [2010] NSWSC 1435
Secretary, New South Wales Department of Families and Community Services by his delegate, Principal Officer Barnardos Australia v HR & CD [2016] NSWSC 1926
The Adoption of S [2021] NSWSC 1335
Category: Principal judgment Parties: Secretary, New South Wales Department of Communities and Justice by his delegate, Principal Officer, Adoptions, Barnardos Australia (Plaintiff)
“Ellen” (a pseudonym) (First Defendant)
“Michael” (a pseudonym) (Second Defendant)Representation: Solicitors:
Crown Solicitor’s Office (Plaintiff)
First Defendant (self-represented)
Second Defendant (self-represented)
File Number(s): 2023/257793 Publication restriction: This judgment has been anonymised pursuant to s 180 of the Adoption Act 2000 (NSW)
JUDGMENT
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These proceedings concern the adoption of a happy, animated boy who is 4 years of age who I will call “Sam” (not his real name).
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By Amended Summons filed 28 March 2024, the Secretary of the New South Wales Department of Communities and Justice by his delegate, the Principal Officer, Adoptions, Barnardos Australia, seeks the following orders:
That pursuant to Adoption Act 2000 (NSW) (“Adoption Act”), s 67(1)(d), the Court dispense with the requirement for the consent of Sam’s birth parents;
Orders pursuant to Adoption Act, s 23, for the adoption of Sam in favour of the adoptive parents, who I will call “Richard” and “Gerard” (not their real names);
That pursuant to Adoption Act, ss 50(1) and (3), the Adoption Plan be registered;
That pursuant to Adoption Act , s 101(1), the Court approves a surname and given names for Sam.
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Sam’s mother, who I will call “Ellen” (not her real name), filed a Notice of Appearance on 29 August 2023 and was joined as the first defendant in these proceedings on 6 September 2023.
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Sam’s father, who I will call “Michael” (not his real name), was joined as the second defendant in these proceedings on 6 September 2023.
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The parties attended…
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- Case
- [2024] NSWSC 1317
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether an adoption order would be in Sam's best interests. This involved weighing the birth mother's opposition against the evidence supporting the adoption application, particularly the prospective adoptive parents' ability to provide a stable and loving environment. The court had to consider the birth mother's concerns about wrongful removal and the implications of Sam being raised by a same-sex couple, while also assessing the prospective adoptive parents' capacity to meet Sam's needs.
Justice Smith examined the evidence thoroughly, including the reports from the Children's Guardian and the assessments of Sam's best interests. The judge concluded that the prospective adoptive parents were well-suited to provide a nurturing environment for Sam and that the concerns raised by the birth mother did not outweigh the benefits of the adoption. The court determined that the adoption order was in Sam's best interests and granted the application accordingly. The decision highlighted the paramount importance of the child's welfare in adoption proceedings and the court's duty to make decisions based on the evidence presented.
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