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Sask. adoptive parents win custody of baby boy

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Canada AM: Biological father, lost son's custody

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CTV.ca News Staff

Date: Tue. Jan. 30 2007 9:00 AM ET

The biological father of an infant boy in Saskatchewan has lost a battle for custody, after the court decided the child should stay with the adoptive parents he has known almost all his nine-month-old life.

"I was completely shocked that I had lost the custody and visitation, it was kind of a double whammy for me," the boy's biological father told CTV's Canada AM on Tuesday.

None of the parties in the case can be named.

The biological father launched a legal battle last year to get custody of the baby, arguing he hadn't agreed to the adoption.

He said he hadn't even been aware he was the child's father until he received an anonymous call.

The anonymous caller turned out to be the stepbrother of his ex-girlfriend, who he dated for approximately eight months.

"He informed me that the child would be leaving the hospital ... and that I should come forward and do it fast," the boy's biological father told Canada AM.

Once he found out about his son, he sought custody.

"I wasn't trying to win father of the year award or anything like that -- I was just trying to be a good father," said the man.

He also argued that social services officials were not helpful when he discovered he had a child.

"The family justice system needs to be looked at," he said.

"I still feel very, very betrayed by the government organizations. I think that's what set the events into play now, and that's how I lost."

The adoptive parents argued they followed proper procedures in adopting the baby.

In testimony heard last year, the biological mother said she chose the couple to raise her son because she already knew them and knew they couldn't have children of their own.

In a 35-page judgment released Monday, the Saskatchewan Court of Queen's Bench said the unofficial adoption had served in the child's best interests and should be maintained.

The judgment said the adoptive parents from Prince Albert, Sask., present "an environment that will best provide for (the baby's) health, education, emotional well-being, opportunity for training and economic and intellectual pursuits."

"While blood ties are one factor, they must be considered from the point of view of the significance to the child, rather than the significance to the biological parent. Any factor, including kinship, must remain subject to the best interests of the child," the court said in its summary of the case.

As well, the court found the biological father was capable of having a positive presence in the baby's life, but not in a parental role. So in order to give the child a year of "familial calm" to promote bonding and attachment in his current home, the court banned the biological father from seeing the baby for a year.

"My concern is (the boy) could have immense difficulty, particularly in the early stages of his development, in reconciling all the complicated adult relationships in his life. In the interests of (the boy's) stability, it is best that he have intermittent exposure to (the biological father), rather than structured continuous access," the court said in its ruling.

"Although this case has generated considerable heartache and stress, it cannot, in a fair-minded way, be said that any party has been in the wrong. Although lives have been disrupted, the turmoil arose from the often complex circumstances that flow from the unfolding lives of real people with human frailties."

With files from The Canadian Press

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