Adoption law needs overhauling .. give children knowledge about their birth dads,  October 03, 2007

2007-10-03  Adoption law needs overhauling to give children knowledge about their birth dad

Family law has long been ground zero in the battle of the sexes. And while both men and women have claimed, at various times, that the law puts them at a disadvantage, it is inevitably the children who suffer when the law is unbalanced.

The latest example of this became clear last week when B.C. Supreme Court Justice Daphne Smith held that British Columbia's Adoption Act doesn't, in many circumstances, require a woman to inform her child's biological father that she plans to put the child up for adoption.

FATHER FROZEN OUT

The case concerned a child who was born out of wedlock to a woman who, not being in a relationship with the child's father, decided not to inform him of the birth or register him as the child's birth father.

Instead, the woman arranged for the child to be adopted, but when the couple applied for an adoption order, it was refused because notice had not been provided to the birth father.

The couple wishing to adopt appealed that decision, and Smith last week found in their favour. And while many people are unhappy with Smith's decision, the decision itself is not the problem. Rather, it points to the fact that adoption legislation is in need of an overhaul.

After all, as Smith explained, the act only requires that a birth father be notified of a proposed adoption under limited circumstances: Either the birth father must be named as such by the birth mother, or he must be listed in the birth fathers' registry.

Now obviously, if the birth mother doesn't notify the biological father of the child's birth -- as occurred in the present case -- there's no way he could register, and hence he would not be eligible for notification of a proposed adoption.

Yet that's what the law says, and one can't criticize Smith for refusing to go beyond the law and find a general duty to inform that doesn't exist. Indeed, had she done so, she would have rendered superfluous the specific sections of the act that detail when a birth father must be notified.

So the problem here is with the act itself, which prevents birth fathers who are unaware they have children from ever knowing those children. More importantly, it prevents those children from ever knowing their fathers -- unless the birth mother chooses to inform them.

Obviously, this is not in the best interests of the children, and it is the primary purpose of the act to ensure those interests are protected. In fact, the birth fathers' registry was added to the act precisely to allow children to find out who their fathers are, and perhaps to have relationships with them.

A SERIOUS FLAW

Yet clearly, the act fails to ensure that many children have the opportunity to know their birth fathers. This is a serious flaw in the act, and one that needs to be remedied if we are to do more than pay lip service to protecting the best interests of the children.

Adoption law needs overhauling - Google Search

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        fix these links

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Read comments posted about the the above article in the Globe and Mail

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20070503 Testimony continues in mother, daughter sex-assault trial

 20070502 Gay lawyers locked in closet - Law school conference told fear of discrimination alive in legal workplaces

20070502 Father jailed 15 years  "Marco Trotta"

20070502 Father wins bail after pathology evidence questioned

20070502 Court file: Colleague suspected astronauts' affair    Lisa Nowak

20070502 Underage sex woman avoids jail

20070502 Mum frantic over children

20070502 Advisers warned husband was a predator

20070501 Man shot by undercover Peel police

20070501 Seizure of drunk driver’s truck sets precedent

20060501 Van Krevel leaves jail.

20070429 Fatal attraction of the gangster rap – (women, personalities and loyalty)

20070428 Plunged into darkness

20070426 Girl had to fondle mother, boyfriend, court told Ottawa

20070425 The digger who gave his all, plus another $300,000 to boot  ( When you think the going gets tough, read this)

20070424 DNA quashes 1982 rape conviction

20070424 Nurse guilty of dismembering husband

20070423 Lawyers most depressed: study

20070414 Under the eyes of the state

20070330 Legal system's losers -Justice Denis Lane opens his corrupt mouth

20070313_broken.htm

20070308_mclachlin.htm

2070306_reach.htm20070305 Long trials not our fault: Lawyers

20070303 A 3-day trial likely to cost you $60,000

20070303 Legal aid rules shut out thousands