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Difference between revisions of "Adoption (3:XIII)"
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=== 1. Adoption Act, RSBC l996, c 5 === | === 1. Adoption Act, RSBC l996, c 5 === | ||
The ''Adoption Act'' governs adoptions in BC. The Act provides for the licensing of adoption agencies. These agencies, in addition to the Director of Adoption, have exclusive authority for facilitating adoptions, matching birth families with adoptive parents, adoption planning, pre-placement assessment, placement services, and post-placement counselling and assessments for non relative adoptions in BC. | The [http://canlii.ca/t/84g5 ''Adoption Act''] governs adoptions in BC. The Act provides for the licensing of adoption agencies. These agencies, in addition to the Director of Adoption, have exclusive authority for facilitating adoptions, matching birth families with adoptive parents, adoption planning, pre-placement assessment, placement services, and post-placement counselling and assessments for non relative adoptions in BC. | ||
The ''Adoption Act'' enables any adult person to apply to adopt a child, or to adopt another adult person. Under ss 5 and 29, one or two adults may apply to adopt a child. This allows unmarried couples, including same sex-couples, to apply to adopt. | The ''Adoption Act'' enables any adult person to apply to adopt a child, or to adopt another adult person. Under ss 5 and 29, one or two adults may apply to adopt a child. This allows unmarried couples, including same sex-couples, to apply to adopt. | ||
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Two legal exceptions under the Act are: | Two legal exceptions under the Act are: | ||
*a) an adopted First Nations child does not lose status, rights, privileges, disabilities, and limitations acquired under the ''Indian Act'' and other Acts (s 37(7)); and | *a) an adopted First Nations child does not lose status, rights, privileges, disabilities, and limitations acquired under the ''Indian Act'' and other Acts (s 37(7)); and | ||
*b) adoption adds a prohibited degree of consanguinity for the purpose of marriage or laws relating to incest (s 37(4)). | *b) adoption adds a prohibited degree of consanguinity for the purpose of marriage or laws relating to incest (s 37(4)). | ||
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Furthermore, openness agreements are recognized by statute (s 59) and may be entered into by the adoptive parents, the birth parents, and others with a relationship to the child, after consents to adoption have been signed. | Furthermore, openness agreements are recognized by statute (s 59) and may be entered into by the adoptive parents, the birth parents, and others with a relationship to the child, after consents to adoption have been signed. | ||
An adoption effected under the law of a jurisdiction other than BC is valid in BC as though it had been made under BC’s adoption legislation (s 47). Part 4 of the Adoption Act deals with interprovincial and intercountry adoptions. Before a person brings a child into the province for adoption they must obtain the approval of a director or an adoption agency. | An adoption effected under the law of a jurisdiction other than BC is valid in BC as though it had been made under BC’s adoption legislation (s 47). Part 4 of the ''Adoption Act'' deals with interprovincial and intercountry adoptions. Before a person brings a child into the province for adoption they must obtain the approval of a director or an adoption agency. | ||
Part 4 Division 2 deals with intercountry adoption of children from countries that are signatories to the Hague Convention on Intercountry Adoption. To complete an adoption from a foreign country, whether that country is a “Hague Country” or not, a person needs the approval of the British Columbia Central Authority. | Part 4 Division 2 deals with intercountry adoption of children from countries that are signatories to the [https://www.hcch.net/en/instruments/conventions/specialised-sections/intercountry-adoption Hague Convention on Intercountry Adoption]. To complete an adoption from a foreign country, whether that country is a “Hague Country” or not, a person needs the approval of the British Columbia [http://www.cic.gc.ca/english/immigrate/adoption/authorities.asp Central Authority]. | ||
Under the ''Adoption Act'', ss 63(1) and 64(1), birth records may be disclosed to both birth parents and adult adoptees. The Reunion Registry facilitates reunions and disclosure of records. The Act provides for filing of non-disclosure vetoes and no-contact vetoes (ss 65 and 66). | Under the ''Adoption Act'', ss 63(1) and 64(1), birth records may be disclosed to both birth parents and adult adoptees. The [http://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/search-reunions-registries Reunion Registry] facilitates reunions and disclosure of records. The Act provides for filing of non-disclosure vetoes and no-contact vetoes (ss 65 and 66). | ||
== B. Procedure == | == B. Procedure == | ||
