BC Court: Indigenous heritage doesn't overrule other factors in adoption.

BC Court: Indigenous heritage doesn't overrule other factors in adoption.

Aboriginal heritage must be considered when placing a child with an adoptive family, but it does not overrule all other factors in deciding their best interests, the British Columbia Court of Appeal has ruled.

Winnipeg Free Press Posted: Aug. 8, 2017

The unanimous decision released Tuesday is the latest in the province to grapple with the issue of how much weight should be given to cultural identity when First Nations, Metis or Inuit children are being adopted.

The case involves a 10-year-old Aboriginal boy who was taken from his biological mother at birth when cocaine was detected in his bloodstream. He was legally adopted by a couple who have cared for him since he was 14 months old.

The adoptive father is non-Indigenous while the mother is Aboriginal, but not from the boy's nation. They also have two other adopted Aboriginal children who are not related.

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