Difference between revisions of "Adopting Children"

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<blockquote><tt>(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.</tt></blockquote>
<blockquote><tt>(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.</tt></blockquote>


The ''Adoption Act'' recognizes four types of adoption:
The ''[http://canlii.ca/t/84g5 Adoption Act]'' recognizes four types of adoption:


#relative adoption, where a child is adopted by a relative or stepparent,
#relative adoption, where a child is adopted by a relative or stepparent,
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===The effect of adoption===
===The effect of adoption===


Section 37 of the ''Adoption Act'' sets out the consequences and meaning of an adoption and says:
Section 37 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' sets out the consequences and meaning of an adoption and says:


<blockquote><tt>(1) When an adoption order is made,</tt></blockquote>
<blockquote><tt>(1) When an adoption order is made,</tt></blockquote>
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===Who can place a child for adoption===
===Who can place a child for adoption===


Section 4 of the ''Adoption Act'' says that:
Section 4 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' says that:


<blockquote><tt>The following may place a child for adoption:</tt></blockquote>
<blockquote><tt>The following may place a child for adoption:</tt></blockquote>
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===Who can receive a child for adoption===
===Who can receive a child for adoption===


Section 5 of the ''Adoption Act'' says that a child can be placed for adoption with one or two people, as long as they live in the province.
Section 5 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' says that a child can be placed for adoption with one or two people, as long as they live in the province.


<blockquote><tt>(1) A child may be placed for adoption with one adult or 2 adults jointly.</tt></blockquote>
<blockquote><tt>(1) A child may be placed for adoption with one adult or 2 adults jointly.</tt></blockquote>
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<blockquote><tt>(3) Each applicant must be a resident of British Columbia.</tt></blockquote>
<blockquote><tt>(3) Each applicant must be a resident of British Columbia.</tt></blockquote>


The ''Adoption Act'' doesn't say anything about the gender or sexual orientation of the adopting parents. There have in fact been many cases where same-sex couples have successfully adopted children in British Columbia; the sexual orientation of the adopting parents is not an issue in this province.
The ''[http://canlii.ca/t/84g5 Adoption Act]'' doesn't say anything about the gender or sexual orientation of the adopting parents. There have in fact been many cases where same-sex couples have successfully adopted children in British Columbia; the sexual orientation of the adopting parents is not an issue in this province.


===Who must consent to the adoption===
===Who must consent to the adoption===


According to s. 13 of the ''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 birth mother of the child,
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*the child's guardian, if anyone has been appointed as such.
*the child's guardian, if anyone has been appointed as such.


The ''Adoption Act'' requires adoptive parents to make "reasonable efforts" to notify the father of the intended adoption. If the father's whereabouts are known, the adoptive parents should send a Notice of Proposed Adoption to the father by registered mail. The court may require that an ad be placed in the Legal Notices section of the newspaper classified ads to ensure that every effort has been made to find the father and alert him to the adoption. Under certain circumstances, it is possible to obtain an order that this requirement be disregarded.
The ''[http://canlii.ca/t/84g5 Adoption Act]'' requires adoptive parents to make "reasonable efforts" to notify the father of the intended adoption. If the father's whereabouts are known, the adoptive parents should send a Notice of Proposed Adoption to the father by registered mail. The court may require that an ad be placed in the Legal Notices section of the newspaper classified ads to ensure that every effort has been made to find the father and alert him to the adoption. Under certain circumstances, it is possible to obtain an order that this requirement be disregarded.


Once the consent of the birth parent or guardian of the child has been obtained, the adoptive parents and the birth parent or guardian become joint guardians of the child. This joint guardianship will last until:
Once the consent of the birth parent or guardian of the child has been obtained, the adoptive parents and the birth parent or guardian become joint guardians of the child. This joint guardianship will last until:
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Once these conditions have been met, the birth parent or guardian of the child will transfer the custody of the child to the adoptive parents in writing. The adoptive parents must notify the Director that they have received the adoptive child into their home within fourteen days. The Director must prepare a "post-placement report" within six months of the placement of the child in the new home.
Once these conditions have been met, the birth parent or guardian of the child will transfer the custody of the child to the adoptive parents in writing. The adoptive parents must notify the Director that they have received the adoptive child into their home within fourteen days. The Director must prepare a "post-placement report" within six months of the placement of the child in the new home.


Finally, the adoptive parents must prepare and file a Petition for the adoption of the child in the registry of the Supreme Court, under the [http://canlii.ca/t/8mcr Supreme Court Family Rules], once the child has spent six months in their care and custody. The filed Petition and supporting documents must be served on the Director. Part 3 of the ''Adoption Act'' provides the details on the court process which will occur after this point, including: the documents which must be filed in court, who must be notified of the proceeding, and whether the application will require an oral hearing before a judge.
Finally, the adoptive parents must prepare and file a Petition for the adoption of the child in the registry of the Supreme Court, under the [http://canlii.ca/t/8mcr Supreme Court Family Rules], once the child has spent six months in their care and custody. The filed Petition and supporting documents must be served on the Director. Part 3 of the ''[http://canlii.ca/t/84g5 Adoption Act]'' provides the details on the court process which will occur after this point, including: the documents which must be filed in court, who must be notified of the proceeding, and whether the application will require an oral hearing before a judge.


===Relative adoption===
===Relative adoption===


The process for relative adoptions is a lot easier, mostly because the ''Adoption Act'' exempts this sort of adoptions 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.
The process for relative adoptions is a lot easier, mostly because the ''[http://canlii.ca/t/84g5 Adoption Act]'' exempts this sort of adoptions 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 his or her 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 step-parent) of the child loses his or her rights and obligations with respect to the child.
Stepparents may apply under this process for an order that they become "jointly" a parent of the child with his or her 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 step-parent) of the child loses his or her rights and obligations with respect to the child.
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