An Alberta couple who has been caring for a little girl from B.C. for over five years and who is caring for her half-sister will not be allowed to adopt her because they aren’t B.C. residents.
In the B.C. Supreme Court decision, Justice Barbara Young says that because the couple is not from B.C. the province’s director of adoption doesn’t have the authority to allow them to adopt her.
“I will make an order prohibiting the Director from consenting to the adoption in Alberta until further notice,” she said in the ruling.
The couple, whose names are under publication ban, already had guardianship over another girl when they requested to care for the little girl. Their request came after they discovered the two girls share the same birth mother.
Despite the ruling saying the director cannot authorize the Alberta couple to adopt the girl, Justice Barbara Young ordered that she stay in their care until further notice from the court.
“Any order that would have the effect of removing (the girl) from (the) Family, which is likely the only family she can remember living with, should not be made without clear evidence that doing so would be in O’s best interests,” writes Young.
The B.C. director of adoption became the girl’s legal guardian after the birth mother put her up for adoption when the girl was less than two weeks old.
The biological father, whose name had not been declared on the little girl’s birth certificate, has been seeking custody for over five years.
The director of adoption argued that the girl’s placement with the Alberta family where she has a half- sister was in her best interest.