Tilman & Anor and Baxter

In the matter of *Tilman & Anor and Baxter*, Foster J of the Family Court of Australia considered an application by Ms Tilman and Mr Tilman for the adoption of a child, B, born in 2000. The proceedings also involved the mother, Ms Baxter, and concerned the parental responsibility and living arrangements for the child.

The court was required to determine whether to grant leave for adoption proceedings to commence, and if so, to make orders regarding parental responsibility, the child's residence, and the registration of the child's name. Specifically, the court had to consider the best interests of the child in determining these matters.

Foster J granted leave for the adoption proceedings to commence, finding it to be in the child's best interests. The court made orders for equal shared parental responsibility for the child B between Ms Tilman and Mr Tilman, and that the child live with them. Furthermore, the court authorised Ms Tilman to apply to the Registrar of Births, Deaths and Marriages in New South Wales to have the child registered as B Tilman, and directed the Registrar to register the child's name accordingly. The proceedings were subsequently removed from the pending cases list.