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Dumont v Dumont [2019] NZFC 2529

Published 27 September 2019

Adoption — gestational surrogacy — open adoption — welfare and best interests of child — final order — Adoption Act 1955, ss 5, 11 & 23. The applicants sought to adopt a child. They were her biological parents, but she had been born via a gestational surrogacy. The surrogate parents were also present in court and consented to the adoption. The two sets of parents had met through a New Zealand surrogacy forum, had the birth approved by the ethics committee and planned to be open with the child about her birth. Section 11 of the Adoption Act requires the Court to be satisfied of three matters before either an interim or a final adoption order can be made. The first of those is that every person who is applying for the order is a fit and proper person to have the role of providing day-to-day care for the child and of sufficient ability to bring them up, maintain them and educate them. The second matter is that the welfare and interests of the child will be promoted by the adoption. Due consideration for this purpose must be given to the wishes of the child, having regard to the age and understanding of the child. The third factor that the Court must be satisfied of is that any condition imposed by any parent or guardian with respect to the religious denomination and practice of the applicants, or as to the religious denomination in which the applicants intend to bring the child up, is being complied with. This third factor was not relevant. A social worker's reported stated the child was very loved by the applicants who had been providing her with a safe, secure and nurturing home since her birth. They were fit and proper people to raise the child. It was also in the welfare and best interests of the child to be raised in the security of her biological parents. An adoption order was made. It was also appropriate for the adoption order to be final. Judgment Date: 4 April 2019.* * * Note: names have been changed to comply with legal requirements. * * *