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Re Salesa [2020] NZFC 3378

Published 10 July 2023

Application for adoption — final adoption — fit and proper persons — Adoption Act 1955, ss 3, 4 &11 — Adoption (Intercountry) Act 1997 — Re T [2015] NZFC 2319 — Re BH [2007] NZFLR 399. This was an application for adoption of a teenage child, who had been in the applicants' care since she was six months old. The applicants had two other children. The biological father of the child was a relative of one of the applicants and the birth parents had six other children. The child who was the subject of the adoption application had a close relationship with her birth parents and biological siblings. In order for a court to grant an adoption order, it has to be satisfied of the consent, age, character and child's interests requirements under the Adoption Act. Both birth parents consented to the adoption, and both applicants were over 25 and at least 20 years older than the child. The social worker's report concluded that the applicants were hard-working and resourceful people, and were therefore fit and proper persons to care for the child. The child was at an age where she was able to have a clear understanding of what the adoption meant, and was supportive of the adoption. The social worker's report and school report showed that the child was doing well in life and at school, and was a happy and caring teenager. The next step was determining whether to make an interim or a final adoption order. Counsel for the applicant were seeking a final adoption order, which required there to be special circumstances. It was noted that the social worker recommended against making a final adoption order for the reason that the applicants' biological children did not know about the child's adoption, meaning she was prevented from openly discussing it. The Judge noted that this was a valid concern; however, the usual reason for granting an interim adoption order was to test the bonding between the child and the adoptive parents. Given that the child had lived with the applicants since she was six months old, the adoption was simply making what had already happened a legal reality. The Judge considered that the special circumstances had been made out, and made a final adoption order. Judgment Date: 20 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *