Published 15 April 2019
Adoption — Adoption Act 1955, ss 3 & 11 — Care of Children Act 2004, ss 4, 27 & 47 — Oranga Tamariki Act 1989. The applicants applied to adopt two girls. The girls were the biological daughters of one applicant and the step-daughters of the other. They had been in the care of the applicants for around eight years. As adoption would sever the legal relationship between the girls and their biological father, their paternal grandmother applied under the Care of Children Act to ensure she could continue to have contact with them. The biological father consented to the adoption and the applicants were deemed to be fit and proper to adopt the girls (they had been providing them with a healthy and safe home life for years). This meant the main considerations were the benefits and disadvantages to the girls of an adoption order being made, and if there were other legal options more suitable than an adoption. Benefits for the girls would be psychological safety and completeness, the enrichment of their identities and histories, financial and emotional security from their step-father and a better link to cousins they had on their step-father's side of the family. Disadvantages were that the link to their grandmother would be weakened and they had a close relationship with her and the relationship between the applicants and the grandmother may sour if they interpret she is demanding time with the girls. Options other than an adoption included changing the girls' last name to their step-father's name, and granting the step-father guardianship rights. The Judge decided that an adoption order was in the welfare and best interests of the girls. A parenting order was also made, cementing contact between the girls and their grandmother once a week. Judgment Date: 3 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *
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