district court logo

Re Toelau [2021] NZFC 285

Published 13 July 2021

Adoption — final adoption order — welfare and best interests of child — Adoption Act 1955, ss 5, 10 & 11 — Care of Children Act 2004, s 5 — United Nations Convention on the Rights of the Child. This hearing was to determine an application for adoption of a child. The biological mother was in New Zealand on a student visa from Nepal and had conceived and given birth to the child in New Zealand. Due to cultural customs the mother was distressed at finding out she was pregnant and could not face the prospect of telling her family in Nepal. The father was not identified other than that he shared the same ethnicity as the mother. The mother had met the applicants through church and discussions had occurred about the possibility of them adopting the child. In order to grant an adoption, a court must be satisfied as to the criteria in s 11 of the Adoption Act: that the applicants are fit and proper persons to care for the child; that an order would promote the child's welfare and best interests; and that conditions imposed by the parent as to the child's religious denomination and practice were being complied with. The applicants had been married 17 years, had two other children together, and there were no concerns about their respective employment. Given the cultural and immigration status considerations surrounding the biological mother, an adoption order would promote the child's welfare and best interests. The applicants would introduce the child to her biological mother's culture when the time was right. The biological mother was also supportive of the applicants raising the child under the Christian faith. All criteria under s 11 were met, and the Judge determined pursuant to s 5 that special circumstances existed to grant a final adoption order. A final adoption order in favour of the applicants was made. Judgment Date: 14 January 2021. * * * Note: names have been changed to comply with legal requirements. * * *