Re Hays [2020] NZFC 3386

Published 22 October 2020

Application for adoption — interim adoption — fit and proper persons — Adoption Act 1955, ss 3, 4, 11 & 15 — Adoption (Intercountry) Act 1997. This was an application for an interim adoption of an 8-month-old child. In order for a court to grant an adoption order, it has to be satisfied of the consent, age, character and child's interests requirements under the Adoption Act. The biological father of the child was not listed on the birth certificate and was unknown to the mother, therefore his consent was unnecessary. The biological mother consented to the adoption. Both applicants were over the age of 25 and at least 20 years older than the child. Both applicants had the means and ability to bring the child up and were fit and proper persons to care for him. The child was obviously too young to make his views known, but the Judge considered that it was in the child's best interests for the adoption order to be made. The applicants were only seeking an interim adoption order, therefore it was unnecessary for the Judge to consider whether special circumstances existed in order to make a final adoption order. The Judge made an interim adoption order in favour of the applicants. Judgment Date: 20 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *