Family Law
Adoption in Ontario
Family Law
Adoption in Ontario
Adoption is one of the most important decisions you will be making concerning your family. Canadian law lays out a transparent legal process through which you may introduce a new member to your family while safeguarding the interests of all parties concerned, especially the child. For example, Canadian law doesn’t discriminate between the biological child and the adopted child. While rewarding, the adoption process can be complex and confusing without experienced Adoption Lawyers guiding you along the way. With proper guidance from Family lawyers, you can ensure that your application meets all the legal requirements and avoid unnecessary delays.
What is adoption, and what are the adoption options available in Ontario?
As mentioned above, once the adoption process is completed, the law grants the same legal rights to the adopted children as they apply to the biological children. Through adoption, the parental rights and responsibilities over the child are permanently and legally transferred to the adoptive parents. This complex legal process aims to match the right family with the right child. Adoption in Ontario falls into the following categories:
- Adopting your kin: The child in question might be your grandchild or nephew. Adoption by a relative is comparatively more straightforward. You will still need to get the necessary Adoption order from the court.
- Adopting your stepchild: The stepparent, on their own or jointly with the biological parent, can apply for the adoption of the stepchild.
- Public adoption: There are children already in the care of provincial child welfare bodies. When you contact the local Children’s Aid Society, they will match you with a child already in the system. You will then have to approach the court for the Adoption order and complete the legal process.
- Private adoption: In a private adoption, the biological parents are involved in the process. An adoption agency will pair the child put up for adoption by the parents with a potential adoptive parent or couple.
- International adoption: This option comes with the additional burden of complying with the other country’s adoption laws. You have to deal with a lot of immigration paperwork and requests for coordination between the two governments. Though time-consuming, with patience and proper legal guidance, you can adopt and bring the child to Canada to live with your family.
How can our Family Lawyer help you with the process?
An experienced Family Lawyer will check that your adoption application has met all the legal requirements and ensure that you and the child’s best interests are considered. He can help you with the following:
- Exploring the best adoption options for you: As mentioned above, a few options are available under Ontario law for adoption. Depending on your circumstances and preferences, your lawyer will guide you in the right direction.
- Legal compliance: Adoption in Ontario is a complex and long process to ensure that the family and the child are a good match for each other. While this might seem slightly overwhelming to some couples, our Family Lawyers will ensure that all requirements, like background checks, forms, other paperwork, and necessary consents, are all taken care of.
- Legal representation: During the court approval process, your lawyer will represent you during the private hearing.
- Safeguarding the rights and responsibilities of both parents: Your lawyer will ensure that legal consent is obtained from the biological parents and that adoptive parents properly understand the responsibilities they must adhere to once the adoption is finalized.
- Dealing with immigration issues if you have opted for an international adoption. The services of a lawyer will be essential when you are dealing with the complex issues of immigration and jurisdictional aspects of international adoption.
We can Help
If you are planning to opt for adoption in Ontario, our family lawyers can assist you with meeting legal requirements and help you obtain the final approval at the earliest. Reach out to our legal team today for a consultation.
Frequently Asked Questions
What is a Home Study?
Home Study is perhaps the most important part of the adoption process in Ontario. Before the court issues the Adoption Order in your favour, it is important to assess your skills as potential parents to the child. This is done through the process called Home Study. You will be interviewed extensively multiple times to understand the living conditions, how the child will fit into the new environment, and how equipped you are to overcome the challenges resulting from this life-changing decision. You will be required to submit a lot of paperwork, including medical records, police clearance, letters of reference, and clearance from the Children’s Aid Society.
You will be required to undergo a course on parenting called Parent Resources for Information, Development, and Education (PRIDE). You will have to pay for this course as well as for the entire Home Study process. However, if you have opted for the public adoption option, there is usually no home study fee. A social worker or an approved adoption practitioner will conduct the study through the adoption agency. The entire process might take a few months to a year to complete. However, if there are changes to the circumstances, the process will be repeated to reassess the situation.
What are the eligibility criteria for applying for adoption in Ontario?
To start with, you must be at least 18 years of age. Since you are adopting a child in Ontario, you must be a resident of Ontario. It is not a requirement that you must be married. However, if you are a couple, your partner must also be on board with the adoption, and they must submit their consent to the court in writing. A joint application from a couple is allowed if they are legally married or in a common-law relationship as per Canadian law. You will also have to go through the home study process of evaluation and training, as mentioned above. Also, there might be some variations or additional requirements that you must meet in other provinces. It is best to consult your family lawyer to ensure you meet all the requirements.
How does the court decide to grant the adoption order?
The court will conduct a private hearing to determine whether the child’s and parent’s needs match. The court will consider the following before issuing the Adoption Order:
⦁ The child’s current state of development.
⦁ The child’s needs for his care and well-being.
⦁ The child’s cultural background, including ethnicity, language, and religion.
⦁ What is the child’s current relationship with his relatives?
⦁ If it is possible to ascertain, what does the child wish to do?
What is the element of consent?
The court will require written confirmation from each party involved in the adoption that they are on board with it. If the child is above the age of 7, then the court will also seek his consent in the matter. If only one member of a couple has applied for the adoption, the court will seek the other spouse’s consent before approving it. In fact, the court will generally allow a waiting period of a minimum of 21 days, giving enough time for anyone to withdraw their consent. The court may extend this beyond the 21 days in the child’s best interest. If the biological parents were to withdraw their consent within this period, then the child would have to be returned to them. In some cases, the court can also choose to dispense with the requirement of consent from one or both parents in the child’s best interest. For example, if one of the parents has a record of abuse or neglect toward the child, the court might decide not to obtain consent from them.
What is legal finalization?
Even after the child is placed with the adoptive parents, the adoption agency or the social worker will continue to monitor how the child is adjusting to the new family. This will involve occasional visits to the home to check on the child’s well-being. Once this is also done satisfactorily, the court will legally finalize the adoption in favour of the adoptive parents. The parental rights as well as responsibilities to the child are now transferred to the adoptive parents. The law will now treat the couple’s biological children and the adopted children as the same.