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[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. [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. [2]

    The material on the file relates to an application under the Adoption Act 2000 for the adoption of G.

  3. [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. [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. [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. [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. [7]

    The application is adjourned to a date to be fixed.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.