district court logo

Pawsey v Halloran [2019] NZFC 46

Published 14 July 2021

Adoption — final adoption order — step-parent — Adoption Act 1955, ss 11 & 13 — Care of Children Act 2004. The applicants were a married couple seeking to adopt a 10 year old girl. The child was the biological daughter of the female applicant and had been living in the care of the couple since 2013. The biological father of the child had never had any contact with her and had denied that he was the father. Section 11 of the Adoption Act ("the Act") required the applicants to prove they were fit and proper people to raise the child, and that the welfare and best interests of the child would be promoted by the adoption. As the child had been raised by her mother for her entire life and by her step-father for a significant part of her life, the barriers of s 11 were easily proven. A report by Oranga Tamariki confirmed the applicants were great parents and the child was happy and healthy in their care. There would be significant emotional and mental security benefits to granting the adoption order. It was found that s 11 was successfully made out. Section 13 of the Act allows for a final adoption order to be made at first instance, rather than making an interim order which is finalised 6-12 months later. As the child had been in the care of the applicants for so long the Judge found s 13 was satisfied and in the circumstances it was possible to grant a final adoption order. Judgment Date: 8 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *