Difference between revisions of "Adopting Children"
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Adoption is the voluntary creation of a brand new parent-child relationship where there wasn't one before. When an adoption order is made, the adoptive parents take on all of the rights, duties, obligations and liabilities of a parent of the child. At the same time, however, one or both of the child's natural parents are stripped of those rights, duties, obligations and liabilities as if they are and always have been strangers to the child. | Adoption is the voluntary creation of a brand new parent-child relationship where there wasn't one before. When an adoption order is made, the adoptive parents take on all of the rights, duties, obligations, and liabilities of a parent of the child. At the same time, however, one or both of the child's natural parents are stripped of those rights, duties, obligations, and liabilities, as if they are and always have been strangers to the child. | ||
This section provides an overview of adoption, describes the private adoption process and the process for adopting through the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development], and provides <span class="noglossary">contact</span> information for the four adoption agencies licensed in British Columbia. | This section provides an overview of adoption, describes the private adoption process and the process for adopting through the [http://www.gov.bc.ca/mcf/ Ministry for Children and Family Development], and provides <span class="noglossary">contact</span> information for the four adoption agencies licensed in British Columbia. | ||
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==Introduction== | ==Introduction== | ||
There are two basic kinds of adoption: adoption within a family unit by a relative or stepparent, with the consent of the natural parent; and, adoption by a stranger through an agency. The first kind can be handled privately through the court process. The second kind requires either the involvement of the [http://www.bcadoption.com Adoptive Families Association of British Columbia], a contractor of the provincial Ministry for Children and Family Development, in the case of children in the care of the government, or the use of licensed adoption agency in the case of children not in government care. A list of the four adoption agencies licensed in British Columbia is provided at the end of this section. | There are two basic kinds of adoption: adoption within a family unit by a relative or stepparent, with the consent of the natural parent; and, adoption by a stranger through an agency. The first kind can be handled privately through the court process. The second kind requires either the involvement of the [http://www.bcadoption.com Adoptive Families Association of British Columbia], a contractor of the provincial Ministry for Children and Family Development, in the case of children in the care of the government, or the use of a licensed adoption agency in the case of children not in government care. A list of the four adoption agencies licensed in British Columbia is provided at the end of this section. | ||
The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' sets out the rules that guide parents and the courts through the adoption process. As in all matters involving children, the courts are primarily concerned with the best interests of the child, and s. 3 of the act describes a number of factors that should be considered in determining what is in the child's best interests. | The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' sets out the rules that guide parents and the courts through the adoption process. As in all matters involving children, the courts are primarily concerned with the best interests of the child, and s. 3 of the act describes a number of factors that should be considered in determining what is in the child's best interests. | ||
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In other words, an adopted child's new parents become that child's parents for all possible reasons and purposes. The adoptive parents take on all the rights and obligations the birth parents had, and, at the same time, the birth parent or parents lose all the rights and obligations they had in relation to the child. | In other words, an adopted child's new parents become that child's parents for all possible reasons and purposes. The adoptive parents take on all the rights and obligations the birth parents had, and, at the same time, the birth parent or parents lose all the rights and obligations they had in relation to the child. | ||
Among other things, the natural parent will lose rights such as being kept up to speed on developments in the child's health and schooling, and obligations such as a duty to pay child support. In a 2003 case of the Supreme Court, ''[http://canlii.ca/t/1pt0x Zien v. Woda]'', 2003 BCSC 1238 the court held that the adoption of a child by the mother's new partner stripped the natural father of his obligation to pay support, effective from the moment the adoption order was made. | Among other things, the natural parent will lose rights such as being kept up to speed on developments in the child's health and schooling, and obligations such as a duty to pay child support. In a 2003 case of the Supreme Court, ''[http://canlii.ca/t/1pt0x Zien v. Woda]'', 2003 BCSC 1238, the court held that the adoption of a child by the mother's new partner stripped the natural father of his obligation to pay support, effective from the moment the adoption order was made. | ||
From the time an adoption order is made, the birth parent | From the time an adoption order is made, the birth parent ceases to have any legal interest in the adopted child, including with respect to how the child is raised, where the child lives, where the child goes to school, what sort of medical treatment they receive, or how the child is disciplined. In the eyes of the law, the adoptive parents are the only parents the child has. | ||
===Who can place a child for adoption=== | ===Who can place a child for adoption=== | ||
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According to s. 13 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' , the following people must provide their consent to a proposed adoption: | According to s. 13 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' , the following people must provide their consent to a proposed adoption: | ||
*the birth mother of the child, | |||
*the natural father, | |||
*the child's guardian, if someone has been appointed to fill this role, | |||
*the child, if the child is 12 years of age or older, and | |||
*the Director under the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'', but only if the child is in the care and <span class="noglossary">custody</span> of the government. | |||
The ''Act'' also says that a birth mother's consent to the adoption is only valid if she gives it 10 or more days after the child's birth. The ''Act'' also provides that a parent under the age of 19 may give a valid consent. | The ''Act'' also says that a birth mother's consent to the adoption is only valid if she gives it 10 or more days after the child's birth. The ''Act'' also provides that a parent under the age of 19 may give a valid consent. | ||
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===Relative adoption=== | ===Relative adoption=== | ||
The process for relative adoptions is a lot easier, mostly because the ''[http://canlii.ca/t/84g5 Adoption Act]'' exempts this sort of adoption from the notice requirements for direct placement adoptions. This means that the portion of the process described above | The process for relative adoptions is a lot easier, mostly because the ''[http://canlii.ca/t/84g5 Adoption Act]'' exempts this sort of adoption from the notice requirements for direct placement adoptions. This means that the portion of the process described above involving the Ministry and the Director of the Adoptions Division can be bypassed, and no assessments or reports are required from the Director. | ||
Stepparents may apply under this process for an order that they become "jointly" a parent of the child with their birth parent, usually the stepparent's spouse, the natural parent of the child. This is another form of relative adoption, and has the same effect as a normal adoption, meaning that the other natural parent (the one who isn't married to the stepparent) of the child loses their rights and obligations in relation to the child. | Stepparents may apply under this process for an order that they become "jointly" a parent of the child with their birth parent, usually the stepparent's spouse, the natural parent of the child. This is another form of relative adoption, and has the same effect as a normal adoption, meaning that the other natural parent (the one who isn't married to the stepparent) of the child loses their rights and obligations in relation to the child. | ||
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The first step in this process is to <span class="noglossary">contact</span> the Adoptive Families Association of British Columbia and speak with an adoption worker. The worker will arrange a meeting with the adopting parents, who will have to fill out an adoption application and an adoption questionnaire. The questionnaire asks the adopting parents about the sorts of children they are prepared to adopt, including racial characteristics, illnesses, mental and physical disabilities, and so forth. The application asks for the following information: | The first step in this process is to <span class="noglossary">contact</span> the Adoptive Families Association of British Columbia and speak with an adoption worker. The worker will arrange a meeting with the adopting parents, who will have to fill out an adoption application and an adoption questionnaire. The questionnaire asks the adopting parents about the sorts of children they are prepared to adopt, including racial characteristics, illnesses, mental and physical disabilities, and so forth. The application asks for the following information: | ||
*the name, address, education and present employment of each applicant, | *the name, address, education, and present employment of each applicant, | ||
*the work history of each applicant, | *the work history of each applicant, | ||
*the cultural and racial background, and religion or belief system of each applicant, | *the cultural and racial background, and religion or belief system of each applicant, | ||
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==Adoption agencies== | ==Adoption agencies== | ||
The following four organizations are licensed by the provincial government under the | The following four organizations are licensed by the provincial government under the ''Adoption Act'' to operate as adoption agencies. These are ''all'' of the licensed agencies in British Columbia. | ||
<blockquote>'''[http://www.choicesadoption.ca/home/index.php Choices Adoption & Counselling Services]'''<br> | <blockquote>'''[http://www.choicesadoption.ca/home/index.php Choices Adoption & Counselling Services]'''<br> | ||