Prospective adoptive parents sought custody of a newborn child whom they had taken into their care shortly after birth in Nunavut pursuant to an informal arrangement with the biological parents.
The court raised serious concerns about the irregular process, including lack of personal service, absence of corroborating evidence confirming the biological parents’ identities, incomplete police record checks, and insufficient information regarding a prior child protection investigation.
The court also noted potential legal issues under the Child and Family Services Act regarding private placement of a child for adoption by non‑relatives.
Given the child was already residing in Ontario and decisions were required for the child’s care, the court granted interim interim custody on a without prejudice basis.
The applicants were ordered to obtain additional documentation, effect proper personal service on the respondents, and provide corroborating evidence from the Children’s Aid Society before the matter could proceed.
