district court logo

Re Phillips [2021] NZFC 3028

Published 22 February 2022

Adoption application — application to dispense with consent — failure to exercise duty and care of parenthood — Adoption Act 1955, s 8 — E v M [1982] 1 NZFLR 232. The applicants applied to the Court for an adoption order in favour of the first applicant and an order dispensing with the consent of the child's biological father. The child was the biological child of the second applicant, and the child's biological father lived overseas. The threshold under s 8 of the Adoption Act dispensing with consent of a biological parent was a high one and it must be established that the parent had failed to exercise the duty and care of parenthood. The biological father had never met the child and had only had a couple of sporadic phonecalls with him. He had seemed uninterested in being a part of the child's life and had provided no financial or other support towards the child's upbringing. The biological father had been notified of the adoption application and had not responded. In contrast the first applicant had been involved with the child since the child was one year old and the child referred to him as 'Dad'. The applicants had a stable relationship and were able to care for and support the child. The Judge concluded that the high threshold was met to dispense with the biological father's consent. The Judge made a final adoption order in favour of the first applicant. Judgment Date: 30 March 2021. * * * Note: names have been changed to comply with legal requirements. * * *