[2012] NSWSC 1254
Adoption of G
Application adjourned.
Catchwords
FAMILY LAW AND CHILD WELFARE - Child welfare other than under Family Law Act 1975 (Cth) and Related Acts - Adoption - child born in Philippines - Philippines a signatory to the Hague Convention on Protection of Children and Co-operation in respect of Inter-Country Adoption - application under Family Law (Hague Convention on Intercountry Adoption) Regulations 1998 (Cth), reg 15 - no evidence of Central Authority in NSW transmitting a report to Central Authority in Philippines as required by art 15 of Convention - no evidence of Central Authority in Philippines transmitting a report to Central Authority in NSW as required by art 16 of Convention
Legislation cited
- Adoption Act 2000
- Family Law (Hague Convention on Intercountry Adoption) Regulations (Cth)
- Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption
Judgment
Judgment
- [1]
On 15 August 2012 an application was filed for the adoption of a child I will refer to as G by applicants I will refer to as P and P under the Family Law (Hague Convention on Intercountry Adoption) Regulations (Cth), reg 15.
- [2]
The material on the file relates to an application under the Adoption Act 2000 for the adoption of G.
- [3]
There is no evidence that the arrangements for the adoption were made in accordance with the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (Convention). The Placement Authority document and the Discharge Slip do not go far enough.
- [4]
In particular, evidence should be filed to establish that the Department of Family and Community Services as the New South Wales Central Authority prepared and transmitted to the Inter-Country Adoption Board of the Philippines as the Central Authority of the State of origin the report required by art 15 of the Convention.
- [5]
The evidence should also establish that in accordance with art 16 of the Convention, the Inter-Country Adoption Board as Central Authority of the Philippines prepared and transmitted a report to the Department of Family and Community Services as the New South Wales Central Authority
- [6]
I direct the Registrar to notify the applicants and the Director-General of the Department of this order and provide them with a copy of this judgment.
- [7]
The application is adjourned to a date to be fixed.