Re: Domna & Anor [2026] FedCFamC1F 141, involved an application by the mother of a child, born in 2010, and her husband.  X’s father had passed away in 2019.  An application was filed on 12 September 2025 for leave6 to adopt X by his mother as the first applicant and her husband, Mr Domna as the second applicant.  A Deputy Registrar thereafter made Orders for service upon the deceased father.  The specific Orders made on 29 October 2025 were: 

1. By no later than 4.00pm AEST on 12 November 2025, the First Applicant must file and serve an Amended Initiating Application (Family Law) including the biological Father (deceased) as the Respondent setting out with precision the Final Orders sought. 
2. By no later than 4.00pm AEST on 12 November 2025, the Second Applicant must file and serve a further Affidavit setting out the particulars of her relationship with the biological Father, her relationship with the First Applicant and the Child’s relationship with the First Respondent.  
3. By no later than 4.00pm AEST on 12 November 2025, the First Applicant must file and serve a further Affidavit setting out the particulars of his knowledge of the relationship between the biological Father and the Child and his own relationship with the Child. 

Quite obviously, service could not be effected upon X’s father, who was deceased.  On 7 November 2025 the applicants amended their Initiating Application and the matter was transferred to Division 1 where it came before Jarret J on 24 February 2026.  Finding that the Order to effect service upon the biological father was plainly wrong7, the Orders of 29 October 2025 were set aside8   Thereafter leave was granted for the adoption to proceed. 

Adoption proceedings are not common.  Blended families are very much the ‘norm’ and have been for many years but there can sometimes be compelling reasons for seeking an Order for adoption. However, even where one of the proposed adopting parents is the natural parent they still need to go through the process, that is to seek leave from the FCFCoA to adopt the said child and then proceed through the relevant state court.