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Difference between revisions of "Adoption (3:XIII)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 18, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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Two legal exceptions under the Act are: | Two legal exceptions under the Act are: | ||
*a) | *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) | *b) Adoption adds a prohibited degree of consanguinity for the purpose of marriage or laws relating to incest (s 37(4)). | ||
The adopted person takes the given names specified in the adoption order, and the surname of the adopting parents, unless the court orders otherwise at the request of the applicant (s 36). | The adopted person takes the given names specified in the adoption order, and the surname of the adopting parents, unless the court orders otherwise at the request of the applicant (s 36). | ||
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Section 13(1) of the ''Adoption Act'' states that no adoption order may be made without the written consent of: | Section 13(1) of the ''Adoption Act'' states that no adoption order may be made without the written consent of: | ||
* | * The child, if 12 years of age or over; children aged between 7 and 11 must be interviewed to ascertain whether they understand the meaning of adoption, and their views on the proposed name changes and a report must be filed with the court; | ||
* | * The child’s parents. The birthing parent cannot sign consents until the child is at least 10 days old (s 14). The consent of the other biological parent, who is not presumed to be the child’s biological parent under s. 26 of the ''Family Law Act'', is not required unless the biological parent acknowledges they are named as a parent by the child’s birthing parent; | ||
* | * The child’s guardians; | ||
* | * Where a child is a permanent ward of the Director of Child, Family, and Community Service, the Director, as guardian, must consent (s 13(5)). | ||
The court may dispense with the need for consent from some of these parties. Parental consent may be dispensed with if it is in the best interest of the child or if the person has abandoned or deserted the child, cannot be found, is incapable of giving consent, has persistently neglected or refused to contribute to support for which they are liable, or is a person whose consent ought, in all the circumstances of the case, to be dispensed with (s 17). The consent of a child over 12 years of age can only be dispensed with if the child is not capable of giving informed consent (s 17(2)). | The court may dispense with the need for consent from some of these parties. Parental consent may be dispensed with if it is in the best interest of the child or if the person has abandoned or deserted the child, cannot be found, is incapable of giving consent, has persistently neglected or refused to contribute to support for which they are liable, or is a person whose consent ought, in all the circumstances of the case, to be dispensed with (s 17). The consent of a child over 12 years of age can only be dispensed with if the child is not capable of giving informed consent (s 17(2)). | ||
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A person wishing to apply to adopt must notify the Director of Adoption in writing of their intention (s 31) at least 30 days before filing the application unless: | A person wishing to apply to adopt must notify the Director of Adoption in writing of their intention (s 31) at least 30 days before filing the application unless: | ||
* | * The child has been placed in a licensed adoption agency; | ||
* | * The child is related to the applicant by blood; or | ||
* | * The applicant is the child’s stepparent. | ||
The Director of Adoption then makes an inquiry and files a report with the court before the hearing date. At least 30 days before the date fixed for the hearing of the application or an application to dispense with consent, the applicant must give a copy of the application with a notice of the date of hearing to the Director or licensed adoption agency. | The Director of Adoption then makes an inquiry and files a report with the court before the hearing date. At least 30 days before the date fixed for the hearing of the application or an application to dispense with consent, the applicant must give a copy of the application with a notice of the date of hearing to the Director or licensed adoption agency. | ||
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In the case of stepparent and blood relative adoptions, the application may not be made until the child has lived with, and been in the custody of, the applicant for at least six months prior to the application, except by order of the court. The court may still order a report from the Director. Wherea report from the Director is not necessary, the material filed in support of the application should inform the court: | In the case of stepparent and blood relative adoptions, the application may not be made until the child has lived with, and been in the custody of, the applicant for at least six months prior to the application, except by order of the court. The court may still order a report from the Director. Wherea report from the Director is not necessary, the material filed in support of the application should inform the court: | ||
* | * In whose care the child has been since birth; | ||
* | * Whether the parents have consented or proper reasons for the omission of such consent; | ||
* | * How long the applicants have been married; | ||
* | * The ages and occupations of the applicants; | ||
* | * Whether either of the applicants have any other children living with them; | ||
* | * That the applicants are able to bring up, maintain and educate the child; and | ||
* | * Any unusual circumstances relevant to the application. | ||
=== 4. Where all Parties Have Consented to Adoption === | === 4. Where all Parties Have Consented to Adoption === | ||
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The applicant should include: | The applicant should include: | ||
* | * The petitioners’ affidavit; | ||
*Petition to the Court (Form F73); | * Petition to the Court (Form F73); | ||
* | * Affidavit of parent’s consent to adoption; | ||
* | * Paternity affidavit of birth parent if no other biological parent named; | ||
* | * Birth parent expense affidavit, sworn by the adoptive parents; | ||
* | * Requisition to have adoption heard in chambers, if necessary; | ||
*Notice of Hearing of petition (Form F75), if necessary; | * Notice of Hearing of petition (Form F75), if necessary; | ||
*Requisition re: Desk Order for Adoption, if the adoption is uncontested and the necessary consents have been obtained; and | * Requisition re: Desk Order for Adoption, if the adoption is uncontested and the necessary consents have been obtained; and | ||
*Desk Order for Adoption (no hearing necessary); and/or order after hearing in chambers. | * Desk Order for Adoption (no hearing necessary); and/or order after hearing in chambers. | ||
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