What is the test for obtaining consent from a parent?

As stated by Culliton, C.J.S., (as he then was) in Anderson v. Ross supra, at page 288 R.F.L. “ . . . the test in determining whether a parent’s consent should be dispensed with is not based upon the primary consideration of a parent’s right but simply upon what is in the best interests of the child.”

The statement of Dickson, J.A., (as he then was) in Goldstein v. Brownstone, supra, at page 6, is applicable to the facts before me. He stated: Section 99C of The Child Welfare Act, supra, empowers the Judge to make a decree of absolute adoption without requiring the consent of the parent who is not a party to the application if it is, in his opinion, having regard to all circumstances, ‘in the best interests of the child’ so to do. That is the sole criterion, the best interests of the child. It may seem harsh that no mention is made of the interests of the natural father whose parental rights are brought to an end by the decree of adoption. Thereafter he has no more rights than a stranger. But that is the way in which the legislation reads. In determining whether the best interests of the child will be served in granting the decree, the judge will no doubt consider, as one of the circumstances which he must take into account, whether those interests will be served by severing the tie with the natural parent. But be it observed that in the end it is the interests of the child and not those of the parent which are paramount.