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Re Malaitai [2021] NZFC 2966

Published 17 March 2023

Application for adoption — final adoption — special circumstances — COVID-19 — Tongan adoption law — Adoption Act 1955, ss 10 & 11. The applicants applied for final adoption of a child. The child was the biological nephew of one of the applicants. All parties involved were Tongan, but the applicants lived in New Zealand and had been appointed legal guardians by the Tongan Supreme Court. Because the child's biological parents were married, an adoption in Tonga was not possible. The applicants were fit and proper persons to adopt under the Adoption Act. The Judge also considered that the border restrictions as a result of COVID-19 constituted exceptional circumstances to make a final adoption order. A final adoption order was made in favour of the applicants. Judgment Date: 30 March 2021. * * * Note: names have been changed to comply with legal requirements. * * *