re Y

The matter of re Y involved a dispute concerning the adoption of a child under the Adoption Act. The respondent, who was the child's biological mother, sought to contest the adoption proceedings initiated by the applicant, who was the child's adoptive parent. The court was required to determine whether the statutory requirement that a parent 'cannot, after reasonable enquiry, be found' was satisfied in this instance.

The central legal issue before the court was whether the respondent had taken reasonable steps to locate the child's biological father and ascertain his whereabouts and willingness to participate in the adoption process. The court had to consider the extent of the respondent's efforts and whether they were sufficient to meet the statutory criteria. Additionally, the court examined the circumstances under which the respondent became aware of the father's identity and the subsequent steps taken to contact him.

The court held that the respondent had not taken reasonable steps to locate the biological father. It was determined that the respondent had limited information about the father's identity and had not made sufficient efforts to find him or ascertain his willingness to participate in the adoption process. The court found that the respondent's actions did not meet the statutory requirement and, therefore, the adoption application should proceed. The court ruled in favour of the applicant, allowing the adoption to proceed.

The court ordered that the adoption application be granted and that the child be legally adopted by the applicant. The court's decision was based on the finding that the statutory requirement was not satisfied due to the respondent's failure to take reasonable steps to locate the biological father.