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Re Britton [2023] NZFC 8201

Published 30 July 2024

Application for orders — inspection of adoption file — proof of birth — “special ground” — Adoption Act 1955, s 23(3)(b) — Re KC [2013] NZFC 488 — Re adoption of S [1996] NZFLR 552. The applicant sought to open his adoption file. He wanted access to his birth certificate (which was part of the file) so that he could prove to immigration authorities that he had been born in Australia. This would help him to quickly obtain Australian citizenship and allow him easy access to healthcare once he had moved to Australia. To be allowed to open an adoption file under the Adoption Act, the applicant needed to show "special grounds". There was little caselaw on the topic, but the Court found that the applicant's need to obtain healthcare and his wish to support a sick family member in Australia did qualify as special grounds. The application was granted. Judgment Date: 25 July 2023 * * * Note: names have been changed to comply with legal requirements. * * *