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Re Murphy Ellis [2022] NZFC 10201

Published 24 August 2023

Adoption order — social worker's report — protection order — best interest and welfare — security — Adoption Act 1955, ss 3, 5, 11, 23 & 27— Family Protection Act 1955 — Child Support Act 1991 — B v G [2002] 3 NZLR 233; [2002] NZFLR 961 (CA) — Re SJKB FC Dunedin FAM-2009-009-3958, 24 November 2010 — Re Jan [2013] NZFC 3188 — T v C (Adoption) [2008] NZFLR 843 (FC). This was an application for a final adoption order. The child was born from the applicant mother's previous marriage. The application was referred for a social worker's report. The report recommended the adoption order not be made, as it would legally impact on the child's relationship with her older siblings and cause a potential loss of any relationship with wider family members. Affidavits were filed from the child's older siblings in support of the adoption. The applicants deposed that adoption was in the best interest of the child, as she had expressed her desire to be adopted and it would provide the child with psychological benefits such as a sense of completeness. There was unanimous support from the wider family for the adoption to occur. There was no pre-existing relationship between the child, her siblings and her biological father's extended family. There was an acceptance that the child's relationship with her siblings would change, but only to the extent that they were to become half siblings which made little difference. The Judge found that the criteria set out was met, and the final adoption order was made. Judgment Date: 6 October 2022 * * * Note: names have been changed to comply with legal requirements. * * *