Published 28 March 2019
Application to adopt — same-sex couple — definition of spouse — Adoption Act 1955 — Marriage (Definition of Marriage) Act 2013. The applicants, a same-sex couple, sought to adopt a child who was the biological child of one partner; and who they had raised together since the child's birth. Outlining the history and development of the law, the Court noted that the parties could legally adopt the child as the legislation provided a basis for a wider interpretation to be given to the word "spouse". The court found that the couple met the jurisdictional criteria to qualify as a de facto partnership as the relationship was of long duration, and that it was a committed relationship. The court further found that the applicants had been fulfilling their role as parents well over the course of the child's life, it was clear that the child fully understood the application and wished for the order to be made. The court made a final adoption order in favour of the applicants taking effect immediately. Judgment Date: 31 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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