Wade and Wade & Anor

In the Family Court of Australia, Mr and Ms Wade sought leave to commence adoption proceedings for their daughter, Z, to be adopted by her stepfather, Mr Wade. The child, Z, was approaching 17 years of age. The applicants also sought to dispense with service of the application on the biological father, whose identity and whereabouts were unknown.

The court was required to determine whether granting leave to commence adoption proceedings would be in Z's best interests, as mandated by section 60G of the *Family Law Act 1975* (Cth). This involved considering the impact of adoption on existing parental responsibility under sections 61E and 65J of the Act, and the general best interests considerations outlined in section 60CC. The court also had to consider the specific requirements of the *Adoption Act 2009* (Qld) for stepparent adoptions, including the duration of cohabitation and the child's age.

Justice Forrest found that it was unreasonable and inappropriate to expect the applicants to locate and serve the biological father, given his complete absence from Z's life and the lack of any information regarding his identity or whereabouts. The court was satisfied that Mr Wade had consistently acted as Z's father, providing her with love, support, and guidance. The evidence indicated a close familial relationship between Mr Wade, Ms Wade, and Z, and that Z herself desired the adoption. Considering Z's age and the established familial bond, the court concluded that granting leave for the adoption proceedings was in Z's best interests.

The court ordered that service of the application on the respondent (the unknown biological father) be dispensed with. Furthermore, the applicants, Mr and Ms Wade, were granted leave to commence proceedings under the *Adoption Act 2009* (Qld) for the adoption of Z by her stepfather, Mr Wade.