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[2026] ACTSC 102
General information, not legal advice.
Supreme Court of the ACT
2026-04-20
Muller J
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Source: the ACT Courts (www.courts.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: In the matter of the adoption of Geniene Alissa Webster Citation: [2026] ACTSC 102 Hearing Date: 20 April 2026 Decision Date: 20 April 2026 Before: Muller J Decision: (1) Geniene Alissa Webster become, by this order, the adopted child of James Edmund McLean (2) I direct the Registrar to notify the Director-General in writing of the adoption order. Catchwords: ADOPTION – ADULT ADOPTION – Application for adoption – evidence of relationship between proposed adopted and proposed adoptive parent – good reputation of proposed adoptive parent – consent of proposed adoptee given – adoption order made Legislation Cited: Adoption Act 1993 (ACT), ss 10, 39I Cases Cited: Re an Application for the Adoption of FFK [2016] ACTSC 134 Parties: James Edmund McLean (Applicant) Representation: Counsel K Robinson (Applicant) Solicitors R+M Law (Applicant) File Number: AD 1 of 2026 MULLER J: Introduction
Geniene Webster was born on 1 February 1978 and is now aged 48 years. She wishes to be adopted by James Edmund McLean (“Jim”). Jim is the husband of Geniene’s biological mother Gai. He has been in a de facto relationship with Gai for approximately 40 years and he has been actively involved in Geniene’s life for all of that period. Jim makes this application, and he reads affidavits of: (a) James Edmund McLean affirmed on 12 March 2026. (b) Gai Elizabeth Webster affirmed on 12 March 2026. (c) Geniene Alissa Webster affirmed on 12 March 2026. What are the requirements for an adult adoption order?
The particular requirements of the Adoption Act 1993 (ACT) in relation to consent of biological parents do not apply in the case of an adult adoption. Section 10 of the Adoption Act allows for the making of an adoption order in the case of a person 18 years old or older in prescribed circumstances: 10 Adoption of person 18 years old or older (1) An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if— (a) the applicant or applicants have been in a care-giving relationship with the person; and (b) the person has received physical, emotional, intellectual and educational support from the applicant or applicants; and (c) the person, or at least 1 applicant, is ordinarily resident in the ACT. (2) The following provisions of this Act do not apply to the adoption of a person who was 18 years old or older on the day the application was filed in the court: (a) division 3.2 (Who can adopt?); (b) division 3.3 (Consents to adoptions) other than the following: (i) section 28 (Consent of applicant not required); (ii) section 30 (Instrument of consent); (iii) section 34 (1); (c) division 3.4 (Placement of child or young person before adoption); (d) division 3.5 (Guardianship before adoption); (e) division 3.6 (Proceedings for an adoption order) other than the following: (i) section 39A (2); (ii) section 39B (1) (a), (2) and (3); (iii) section 39C (Parties to proceeding); (iv) section 39I (Deciding application for adoption order for person 18 years old or older); (v) section 39L (Discharge of adoption order); (f) division 3.7 (Conditional orders); (g) section 45 (Names of adopted child or young person); (h) section 46 (Effect of order on domicile); (i) division 3.9 (Interim orders).
Section 39I contains some barriers to the making of an order for adult adoption: 39I Deciding application for adoption order for person 18 years old or older The court must not make an adoption order for a person who was 18 years old or older on the day the application was filed in the court unless— (a) the person consents to the adoption by the applicant or applicants; and (b) the court is satisfied that the applicant or applicants are of good reputation.
Are the requirements satisfied in this case?
Geniene attests to her support for the making of the adoption order. She lives in Canberra and has done so for many years. Jim has lived in Canberra since 1986 and each of them meet the definition of a person ordinarily resident in the ACT.
Jim has been in a care-giving relationship with Geniene since his relationship with Gai commenced. Although in the initial years of the relationship there was continued interaction between Geniene and her biological father, contact with him appears to have ceased in or about the early 1990s. Since then, Jim has effectively filled the role of a father figure in Geniene’s life, commencing in her formative teenage years. Geniene has married twice and chose to have Jim walk her down the aisle on each occasion.
Geniene has clearly received physical, emotional, intellectual and educational support from Jim throughout the period of the relationship. Reference is made in particular to the provision of: (a) Active assistance and advice in relation to schoolwork and broader educational choices. (b) Emotional support, encouragement and advice through personal and professional challenges over the years. (c) Guidance, stability and parental support. (d) Participation in every major milestone in Geniene’s life. (e) A sense of family belonging and security. (f) The provision of primary parenting support during periods when Gai was required to travel interstate for her work during Geniene’s childhood years. (g) Living a life of example in relation to family responsibility and resilience. (h) The formation of a strong bond with Geniene’s daughter and stepchildren, supporting each of them in educational and life decisions.
In Geniene’s words: Jim has been my father in every way that matters, and this adoption would simply give legal recognition to that truth. Do either of the barriers in s 39I apply?
Geniene consents to the making of the adoption order.
The other matter of which I must be satisfied is that Jim is a person of good reputation. As Refshauge ACJ observed in Re an Application for the Adoption of FFK [2016] ACTSC 134 at [24]: Reputation is, of course, a fact. It is to be distinguished from character, which refers to a person’s traits as pointed out by Lord Radcliffe in Plato Films Ltd v Spiedil [1961] AC 1090 at 1128. Reputation was described as “the popular belief of a man’s character” by Mayo J in Dias v O’Sullivan [1949] ALR 586 at 591. Thus, as Howell CJM said in R v Sands (1915) 25 CCC 120 at 123 pointed out [sic], reputation is a matter of hearsay, “simply what the public say about a person”.
The positive statements Geniene makes concerning Jim’s active parental involvement in her life provide helpful guidance as to Jim’s likely reputation. Jim attests to having no criminal record and to his involvement in a number of volunteer roles over the years, associated with the Canberra Marathon, the Australian triathlon and the Commonwealth games. Gai also attests to Jim being a person of good repute evidenced by his years of volunteering and local community involvement in general. I am satisfied Jim is of good reputation.
The requirements of ss 10 and 39I of the Adoption Act having been met in this instance it is appropriate to make the adoption order sought.
Orders
Associate: Date: