He can not adopt because he is to fat and can die?

I didn't see the news, and don't have all the information. But, from what you say, I tend to agree with you. Premise #1, there are no guarantees in life. Premise #2, Love is greater than death. Premise #3, a parent, even if for just a little while is better than no parent. If there is a bond of love between this man and this child, and the child has no other legal guardian, then the judge is wrong, IMO. On the plus side, maybe the man will be motivated by love to get healthy. However gastric byp is probably not the best path to health.