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Re Wilkins [2020] NZFC 4786

Published 18 February 2022

Adoption application — final adoption — surrogacy — single male adopting female child — special circumstances — Adoption Act 1955, ss 4, 7 & 23. This was an application for final adoption by the applicant. The applicant was the biological father of the child, who had been carried to term by way of a surrogacy arrangement. The applicant's wife had not been able to carry a child to term due to a health condition, and she died before the child was born. The applicant was therefore applying for an adoption of a female child as a single male, which is prohibited by s 4 of the Adoption Act 1955 ("the Act") except where special circumstances exist. The Judge noted that the applicant was never meant to file the applicant by himself – both he and his deceased wife were the biological parents of the child – and the applicant should not be prejudiced because of his loss. The Judge was satisfied that the applicant was a fit and proper person for the purposes of adoption, and that the welfare and interests of the child would be promoted by making the adoption order. The Court considered that a final adoption order was appropriate in the circumstances. A final adoption order was made in favour of the applicant. A direction under s 23 of the Act was also made allowing the release of the social worker report to the applicant. Judgment Date: 23 June 2020. * * * Note: names have been changed to comply with legal requirements. * * *