Digest: L.R.S., Re, 2018 SKQB 124

• Date: April 25, 2018

Reported as: 2018 SKQB 124

Docket Number: ADP 4/18 JCR , QB17504

Court: Court of Queen's Bench

Date: 2018-04-25

Judges:

• Elson

Subjects:

• Family Law � Adoption Statutes � Interpretation � Adoption Act, 1998, Section 16, Section 23

Digest: The applicant applied to adopt his spouse�s child, born in 2008. The birth father refused to consent to the adoption, despite the fact that he admitted that he had had no direct contact with the child since 2009. The applicant provided affidavit evidence supporting his application. The birth father appeared in chambers and stated his position. HELD: The application for adoption was granted. After reviewing The Adoption Act, 1998, the court noted that s. 23(15) incorporates the application of certain subsections contained with s. 16 of the Act. In the circumstances of this case where the birth parent refused to consent to the proposed step-parent adoption, the court found that it was not constrained to follow the process set out in s. 23(10)(a) and (b). Under the overarching consideration of the �best interests of the child� expressed in s. 16(1), the court was satisfied that in this case, the child�s best interests were served by granting the requested order. The birth father had had no meaningful relationship with the child for nine years and the evidence showed that the applicant and the child had developed a full and nurturing parent-child relationship.

Statutes Considered:

• Adoption Act, 1998, SS 1998, c A-5.2, s 16(1)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(6)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(7)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(12)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(13)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(14)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(15)
• Adoption Act, 1998, SS 1998, c A-5.2, s 16(16)
• Adoption Act, 1998, SS...