Wentworth and Matthews

In the Family Court of Australia, Mr Wentworth and Ms Wentworth (the applicants) sought leave to commence adoption proceedings for the child, B, born in 1995. The respondent, Mr Matthews, is the child's biological father. The proceedings also involved consent orders regarding the child's parental responsibility, living arrangements, and the amendment of her birth certificate and passport to reflect the surname Wentworth.

The primary legal issue before the court was whether to grant leave, pursuant to section 60G(1) of the *Family Law Act 1975* (Cth), for the applicants to commence adoption proceedings. In determining this, the court was required to consider whether granting leave would be in the child's best interests, having regard to various provisions of the Act, including sections 60CB to 60CG, 60F(4)(a), 61E, and 65J. These sections address the effect of adoption on parental responsibility and the cessation of existing parenting orders.

Justice Watts considered the child's maturity and her unequivocal desire for Mr Wentworth to be her legal father, a sentiment supported by the evidence of a family consultant. The court noted that the child had not had contact with her biological father since 2004 and expressed a clear wish not to have any further relationship with him. While acknowledging the legal effect of adoption would be to sever Mr Matthews' parental responsibility, the court found that this would not necessarily preclude the child from seeking to re-establish a relationship with her biological father in the future. The court concluded that, given the child's age, maturity, and expressed wishes, granting leave for adoption proceedings was in her best interests.

The court made consent orders regarding the child's surname on her birth certificate and passport, and granted leave pursuant to section 60G(1) of the *Family Law Act 1975* for the applicants to commence proceedings for the adoption of the child.