What factors are considered to be in favour of adopting a child from a biological parent when there is a clear imbalance between the parties?
British Columbia, Canada
The following excerpt is from Lundell v. Beach, 2009 BCSC 170 (CanLII):
Newbury J.A. also made the following statement: Generally, one may say that the biological link does not outweigh the factors in favour of adoptive parents where there is a clear imbalance between the parties. On the other hand, as stated by Wakeling J.A. in Hardcastle [Hardcastle v. Muculak (1987), 1987 CanLII 4725 (SK CA), 11 R.F.L. (3d) 363]: ... all things being comparatively equal, the welfare of the child is best served in the custody of one or both of his natural parents; there is the advantage of natural family relationships, and the sense of security which comes from knowing, and knowing of, one's family and one's roots. (at para. 27)
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