An independent social worker reviewed several psychiatric assessments that have been made concerning Clare and found that the Joneses were not well-placed to provide care for Clare. As a result, by the time Clare was in early adolescence, she “no longer expected to be parented,” and her early marriage “represented the best option for independent survival, in the absence of family support.”
The social worker said it is difficult to assess the extent to which discharge of the adoption order might assist Clare. However, the social worker also noted that Clare sought to control her circumstances and has had an “intense preoccupation regarding the circumstances and impacts of her adoption.” The social worker thinks that the discharge of the order of adoption may have a positive psychological benefit for Clare, reflecting something over which she may have agency. On the other hand, the social worker said a failure to discharge the order might have a negative impact, amplifying her sense of powerlessness.
The NSW Supreme Court noted that under the Adoption Act, the court may discharge an adoption order if it was obtained by fraud, duress or any other improper, or if “there is some other exceptional reason why the adoption order should be discharged.” The phrase “exceptional reason” is not defined in the act.