Boachie v MCI 2010 FC 672

The Court held that the tribunal erred in attempting to go behind a valid adoption order as this was a question of foreign law. The Court set aside a decision that the adoption did not create a genuine parent child relationship relying of the following considerations; there is no evidence or suggestion that this adoption is for an improper purpose, such as child trafficking; there is medical evidence that the applicant is unable to conceive a child in Canada, and she has repeatedly tried; the applicant and her common-law husband have adopted this child because the child is the daughter of the applicant's brother, and even looks like the applicant; the applicant has been and is supporting her adopted daughter in Ghana; and the adopted daughter lives with the mother of the applicant in Ghana, and thinks the applicant is her biological mother. The Court held that “ there is evidence of a genuine mother-child relationship to the extent possible considering that they are living in different countries.”