Where a child of minority ethnic origin is securely attached to proposed adoptive parents of a different race, the risks of cultural and identity deprivation from trans-racial adoption, while amenable to mitigation through contact with the birth family, are a significant factor weighing against adoption and in favour of a parental responsibility order that preserves the legal parental bond and greater flexibility. The 'clearly preferable' test in s 90(3) of the Adoption Act 2000 (NSW) requires the court to be satisfied that adoption is clearly preferable to all alternatives, including parental responsibility orders. Section 92 of the Adoption Act authorises the court to make parental responsibility orders when it refuses to make an adoption order.
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