Re Adoption of I.F.M.

Re Adoption of I.F.M.

In a private adoption that will extinguish parental rights, the biological parent must be given notice of the proposed adoption so that principles of procedural fairness are respected and the court can properly apply the CFSA best interests test; absent response, the adoption may proceed, but notice must be effected...

Source-derived case information.

Citation
2016 NSSC 83
Parties
Applicant: J.L.M.; Applicant: K.M.; Biological Parent: Biological father (unnamed); Minister: Minister of Community Services
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 March 2016
Procedural Posture
Adoption / Chambers Hearing; Adjourned for Service
Outcome
Court ordered notice to be served on the biological father and adjourned the matter to allow service; matter returned to Chambers on May 2, 2016.
Legal Topics
Notice Requirements, Parental Consent, Procedural Fairness, Best Interests of the Child, Service of Process, Private Adoption
Source Language
english
Family Law Adoption Child Welfare Administrative Law Civil Procedure Notice Requirements Parental Consent Procedural Fairness +3 more

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Parties

J.L.M.

Applicant

K.M.

Applicant

Biological father (unnamed)

Biological Parent

Minister of Community Services

Minister

Procedural Posture

Adoption / Chambers Hearing; Adjourned for Service

Legal Issues

  1. 1 Are notice requirements applicable to biological parents in private adoption proceedings?
  2. 2 Do principles of procedural fairness (audi alteram partem) apply to private adoptions?
  3. 3 How does notice affect the court's ability to apply the best interests of the child test under the CFSA?

Ratio Decidendi

In a private adoption that will extinguish parental rights, the biological parent must be given notice of the proposed adoption so that principles of procedural fairness are respected and the court can properly apply the CFSA best interests test; absent response, the adoption may proceed, but notice must be effected before final order.

Court Disposition

Court ordered notice to be served on the biological father and adjourned the matter to allow service; matter returned to Chambers on May 2, 2016.

Orders

  • Notice be effected on the biological father within twenty-five (25) days
  • Matter adjourned to May 2, 2016 at 9:45 a.m. to effect service and further proceed