The Adoption of Tiana (a pseudonym)

The Adoption of Tiana (a pseudonym) was a case in which the court was asked to consider the adoption of a nine-year-old child, Tiana, by her prospective adoptive parents. The birth parents had not provided consent, and the primary dispute centred around whether the required notice had been provided to the birth parents as mandated by sections 72(1) and 88(1)(a) of the Adoption Act 2000 (NSW). The court also had to determine whether the birth parents' consent should be dispensed with under section 67(1)(d) of the Adoption Act, given the child's extensive placement with the prospective adoptive parents and minimal engagement from the birth parents.

The court examined whether the notice requirements were met through email communications. It concluded that notice via email would only be valid if the birth parents had previously confirmed that they accepted service of such documents via email. As no such confirmation was obtained, the court held that the required notice was not properly given. In terms of dispensing with the birth parents' consent, the court found that there was little engagement from the birth parents and no realistic prospect of the child returning to either parent. Therefore, the court made a consent dispense order in respect of the birth parents.

The court also deliberated on whether notice of the application for a consent dispense order should be dispensed with, and despite the failure to formally notify the birth parents, they were aware of the proceedings via email. The court deemed it desirable to proceed with the consent dispense order without formal notice to the birth parents. Additionally, the court considered whether notice of the application for an adoption order should be dispensed with and concluded that it would not be in the child's best interests to delay the adoption due to difficulties in formal notice. The court thus dispensed with the requirement for formal notice of the application to the birth parents.

Finally, the court addressed the change of the child's surname to align with her proposed adoptive parents. After considering the child's wishes, the views of the proposed adoptive parents and birth parents, and the opinion of the assessor, the court approved the proposed change of surname. The adoption order was ultimately made in the child's best interests.