Appeal dismissed where adoption is not in the best interests of child

Adoption – trial judge not satisfied that statutory requirements met – eleventh hour application for adoption order – best interests of the child -quality of the evidence – requirements of the law - statutory ‘proofs’ as applied to this case - Satisfaction as to the past failure of duty and the likelihood of ‘harm’ - prospective likelihood of the birth mother being able to care for the child - other statutory requirements – best interests test - regard not only to present day realities (the child’s age and maturity) but also to the future (the likely effect of adoption on the child) whilst not closing its eyes to the past (the child’s upbringing and care) – Court not convinced that there is ‘clear and convincing’ evidence that the best interests of this child require the making of an adoption order - views of the child - not persuaded, having regard to the enduring and positive nature of the relationship that has prevailed between them, a relationship that time and attention can strengthen, that it would, truly, be in this child’s best interests—to sever the constitutional link that currently exists and to change her legal identity – appeal dismissed –