The applicant step-father sought to adopt his wife's 12-year-old child and brought a motion to dispense with the consent of both the birth father and the child.
The applicant argued that the child believed the applicant was his biological father and that learning the truth would cause emotional harm.
The court dismissed the motion to dispense with the birth father's consent because no genuine efforts were made to serve him.
The court also dismissed the motion to dispense with the child's consent, finding insufficient expert evidence of emotional harm and emphasizing the child's statutory right to participate in the adoption process.