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Fidda Nagi v Chief Executive of the Ministry of Social Development [2016] NZFC 6076

Published 25 May 2017

Final adoption order — exceptional circumstances — Adoption Act 1955, ss 5 and 11 — Adoption (Intercountry) Act 1997 — K v Attorney-General (2006) 25 FRNZ 413. A final adoption order was made where the grandmother of the children (a New Zealand citizen) sought to adopt them from an overseas country (Somalia). The father's consent was dispensed with as his whereabouts were unknown, and the mother had died during childbirth. The current caregiver of the children had expressed an unwillingness to continue, and the circumstances within the country provided for significant risks to the children which made the order in their welfare and best interests. The Adoption (Intercountry) Act did not apply as the overseas country was not a ratifying state. However, counsel agreed the general principles involved should be considered and "K v Attorney-General" provided guidance in that regard. Judgment Date: 15 July 2016. * * * Note: Names have been changed to comply with legal requirements * * *