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Re Walter [2019] NZFC 8819

Published 10 August 2020

Adoption — teenage child — fit and proper persons — welfare and best interests of child — Adoption Act 1955, ss 3 & 11 — Care of Children Act 2004 — Family Protection Act 1955, s 3. The applicants sought to adopt a 13-year-old boy. The child was the biological son of the female applicant and had been in the care of the male applicant since the applicants began a relationship when he was two years old. The child was bright, happy and loved. Under s 3 of the Adoption Act (the Act) the Court has the power to make an adoption order. Section 11 of the Act requires the Court to be satisfied of three matters before either an interim or a final adoption order can be made. The first is that every person who is applying for the order is a fit and proper person to have the role of providing day-to-day care for the child and of sufficient ability to bring them up, maintain them and educate them. Secondly, the welfare and interests of the child will be promoted by the adoption. The wishes of the child should be considered, with regard to their age and understanding. Finally, the Court must be satisfied that the applicants will comply with any relevant religious conditions imposed by any parent or guardian. The applicants were fit and proper persons to raise and educate the child. The order was also in the welfare and best interests of the child as it would cement his place legally in the family. It would give him rights to travel and work in the UK as well as enable him to inherit property from his step-father. The child wanted the adoption order to be granted. There were no relevant religious concerns. A final adoption order was made. Judgment Date: 23 October 2019. * * * Note: names have been changed to comply with legal requirements. * * *