Published 12 December 2016
Final adoption order — whether European couple should adopt Māori children — principles of Māori adoption — BP v D-GSW [1997] NZFLR 642 — B v M [1997] NZFLR 126 at 135 — Adoption Act 1955, ss 5 and 11.The Judge gave reasons for having granted a final adoption order in the first instance of Māori children to the European applicants. The applicants were fit and proper people under the Act (s 11) and the Judge noted that in making the order she was satisfied that it was in the welfare and best interests of the children notwithstanding the fact that it was an adoption of Māori children by non-Māori applicants. "BP" held that the Adoption Act is to be interpreted as coloured by the principles of the Treaty of Waitangi. It was noted that while the ideal is that care for Māori children occurs within the whānau, iwi or hapu, that is not always realistic or possible. Here the whānau had identified and approved the applicants as parents who would support the children’s whakapapa and whanaungatanga which was consistent with the view in "B v M" that "whatever the law might say adoptive parents do not replace a child's blood whānau but rather add to it". Judgment Date: 30 August 2016. * * * Note: Names have been changed to comply with legal requirements * * *
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