PETITIONER’S FTINESS FINDING IN THE ADOPTION PROCEEDINGS: RELEVANT CASES AND THE STATUTORY PROVISIONS

This blog addresses legal principles applicable to the court’s fitness finding in the adoption cases when the health or fitness of the adoptive petitioner is at issue. There are statutory provisions that address both fitness as well as health of the petitioners, among other parties, and relevant case law, which extend possible waiver of the doctor-patient privilege when in the best interest of the child or justice to the petitioners as well as the natural parents. There is the Termination of parental rights: D.C. Code §16-2353 (b)(2), the court is charged with in considering what is in the best interest of the child to make a direct inquiry as to “physical, mental and emotional health of all individuals involved….” A triggering statutory provision under DC Code §16-304 (2). DC Code § 16-309(b)(2), which requires a finding by the court that the petitioner is fit, and able to provide the child with a proper home and education. And particular statutory provisions that address medical privilege: D.C. Code §4-1321.05 provides that: [n]otwithstanding the provisions of §§ 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding in the Family Division
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Categories: Family Law.