Biological Father Loses Application to Revoke Adoption of his 3 Year Old Son

In a the Court of Appeal upheld a ruling that rejected the biological father's request for a parenting order. The Court of Appeal was also not prepared to revoke the order which waived the father's consent for the adoption of his biological three-year-old child. The biological mother, while relinquishing the child for adoption, deceitfully informed the adoption agency that she was unaware of the father's surname, a claim that the agency readily accepted. As a result, the child had lived with its adoptive parents since birth.

In reaching its decision the court dismissed the father's suggestion that, barring him being an unfit parent, his biological relationship and willingness to raise the child should give him priority in parenting. The court restated its position that biological ties are not a decisive factor in adoption and custody cases, and emphasized that the primary consideration is the best interests of the child. A biological connection may be taken into account if it is applicable, but it is a secondary factor.

The court noted that there is a conflict in the legislation: the legislation requires obtaining consent from guardians before adoption, but it also requires prioritizing the best interests of the child in all situations. The court further noted that permission was a fundamental prerequisite for adoption. Therefore, the criteria for waiving consent could not be identical to the best interests tests. The court expressed dissatisfaction with the trial judge's approach of merging her justifications for these matters.

However, ultimately, the court's main concern was whether there was any identifiable mistake in the trial judge's evaluation of the child's best interest that could be subject to review. The court determined that there was no mistake that warranted such a significant interference with the child’s life. More specifically, the court put emphasis on the negative impact it would have on the child who had lived its entire life with the current adoptive parents.

We hope you find this case of interest. More more information about our family law services, including our adoption services, please feel free to Contact us.