Adoption of a Child: Difference between revisions
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Adoption is the process to legally transfer parental responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption. | Adoption is the process to legally transfer parental responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption. | ||
Understand the legal framework | |||
How a child becomes available for adoption | ==Understand the legal framework== | ||
===How a child becomes available for adoption=== | |||
Children become available for adoption in different ways. | Children become available for adoption in different ways. | ||
Under the law in BC, a parent or guardian of a child may place the child for adoption. They can place the child with an adoption agency to seek an adoptive family. Or they can work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a direct placement. | |||
The adoption process can also start with a child being placed into the permanent care of the provincial government. When a child enters foster care, the goal is to reunite them with their birth family. In some circumstances, this is not possible or in the child's best interest. These children are placed in the Adopt BC Kids program. | Under the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth law in BC], a parent or guardian of a child may place the child for adoption. They can place the child with an '''adoption agency''' to seek an adoptive family. Or they can work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a '''direct placement'''. | ||
BC’s licensed adoption agencies also facilitate international adoptions. These feature adopting a child from another country. | |||
A family may become interested in adopting a relative or partner's child. For instance, someone may wish to adopt a sibling’s child, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. | The adoption process can also start with a child being placed into the permanent '''care of the provincial government'''. When a child enters foster care, the goal is to reunite them with their birth family. In some circumstances, this is not possible or in the child's best interest. These children are placed in the Adopt BC Kids program. | ||
The government and licensed adoption agencies handle adoptions in BC | |||
Only the BC government or an agency licensed by it can handle an adoption in BC. The Ministry of Children & Family Development facilitates the adoption of BC children living in foster care. | BC’s licensed adoption agencies also facilitate '''international adoptions'''. These feature adopting a child from another country. | ||
The adoption agencies licensed by the BC government handle various types of adoptions. Even with a direct placement, where the birth parents choose the adoptive parents, a licensed adoption agency must be involved before the adoptive parents receive the child. | |||
It’s illegal to be paid for placing a child for adoption | A family may become interested in adopting a '''relative or partner's child'''. For instance, someone may wish to adopt a sibling’s child, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. | ||
Birth parents cannot be paid for placing a child for adoption. Under BC law, it’s illegal (with a few specific exceptions) to pay or accept money for placing a child for adoption. | |||
===The government and licensed adoption agencies handle adoptions in BC=== | |||
Only the BC government or an agency licensed by it can handle an adoption in BC. The [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development Ministry of Children & Family Development] facilitates the adoption of BC children living in foster care. | |||
The [https://www.bcadoption.com/adoption-agencies adoption agencies] licensed by the BC government handle various types of adoptions. Even with a direct placement, where the birth parents choose the adoptive parents, a licensed adoption agency must be involved before the adoptive parents receive the child. | |||
===It’s illegal to be paid for placing a child for adoption=== | |||
Birth parents cannot be paid for placing a child for adoption. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth BC law], it’s illegal (with a few specific exceptions) to pay or accept money for placing a child for adoption. | |||
The exceptions under this law are: | The exceptions under this law are: | ||
A parent or guardian can receive money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services related to the birth of the child, and accommodation and transportation related to the transfer of the child. | *A parent or guardian can receive money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services related to the birth of the child, and accommodation and transportation related to the transfer of the child. | ||
An adoption agency can receive fees and expenses up to certain limits set under the law. | *An adoption agency can receive fees and expenses up to certain limits set under the law. | ||
A lawyer can receive reasonable fees and expenses for legal services provided in connection with an adoption. | *A lawyer can receive reasonable fees and expenses for legal services provided in connection with an adoption. | ||
A health care provider can receive reasonable fees and expenses for medical services provided to a child being adopted or to the birth mother in connection with the pregnancy or birth. | *A health care provider can receive reasonable fees and expenses for medical services provided to a child being adopted or to the birth mother in connection with the pregnancy or birth. | ||
The Ministry of Children & Family Development does not charge fees to people who adopt a child in care. | The Ministry of Children & Family Development does not charge fees to people who adopt a child in care. | ||
Who must consent to an adoption | |||
A birth mother’s consent to an adoption is required unless the child is in the permanent care of the child welfare authorities. | ===Who must consent to an adoption=== | ||
'''A birth mother’s''' consent to an adoption is required unless the child is in the permanent care of the child welfare authorities. | |||
A birth mother’s consent is valid only if the child is at least 10 days old when the consent is given. The consent must be in a specific written form, and other documents are also required. | A birth mother’s consent is valid only if the child is at least 10 days old when the consent is given. The consent must be in a specific written form, and other documents are also required. | ||
A biological father’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests. | |||
If the mother or father change their mind | '''A biological father’s''' consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests. | ||
A person who consented to their child's adoption may revoke their consent (cancel it) before the child is placed for adoption. | |||
====If the mother or father change their mind==== | |||
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption. | |||
As well, the birth mother may revoke her consent to the adoption within 30 days of the child’s birth — even if the child has already been placed for adoption. | As well, the birth mother may revoke her consent to the adoption within 30 days of the child’s birth — even if the child has already been placed for adoption. | ||
The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions. | |||
An older child’s consent is required | The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions. | ||
====An older child’s consent is required==== | |||
If a child is age 12 or older, their consent to being adopted is required. The views of a child between seven and 11 must be considered, and if the child is mature enough, the child must receive counselling about the effects of adoption. | If a child is age 12 or older, their consent to being adopted is required. The views of a child between seven and 11 must be considered, and if the child is mature enough, the child must receive counselling about the effects of adoption. | ||
Who can adopt a child | |||
===Who can adopt a child=== | |||
Anyone over 19 years of age who lives in BC can adopt a child. They can be single or married, or in an unmarried relationship. Sexual orientation is not a factor. | Anyone over 19 years of age who lives in BC can adopt a child. They can be single or married, or in an unmarried relationship. Sexual orientation is not a factor. | ||
Factors considered in placing a child for adoption | |||
Under BC law, the most important consideration in placing a child for adoption is determining the best interests of the child. This includes considering: | ===Factors considered in placing a child for adoption=== | ||
the child’s safety | Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec2_smooth BC law], the most important consideration in placing a child for adoption is determining the '''best interests of the child'''. This includes considering: | ||
the child’s physical and emotional needs | *the child’s safety | ||
the importance of continuity of the child’s care | *the child’s physical and emotional needs | ||
the child’s relationship with their parents and family | *the importance of continuity of the child’s care | ||
the child’s cultural, racial, linguistic and religious heritage | *the child’s relationship with their parents and family | ||
the child’s views (depending on the child’s age) | *the child’s cultural, racial, linguistic and religious heritage | ||
The process to adopt a child | *the child’s views (depending on the child’s age) | ||
The adoption process starts with an application to adopt. The adoption representative will review the application. They check references, conduct a criminal record check, and complete a prior contact search through the Ministry of Children and Family Development. | |||
A homestudy is conducted | ===The process to adopt a child=== | ||
An adoption worker will conduct a homestudy. This involves six to eight visits to the home of the prospective adoptive parents. The parents also participate in mandatory adoption training. | The adoption process starts with an [https://www.bcadoption.com/node/567 application to adopt]. The adoption representative will review the application. They check references, conduct a criminal record check, and complete a prior contact search through the Ministry of Children and Family Development. | ||
Proposal and placement | |||
====A homestudy is conducted==== | |||
An adoption worker will conduct a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents. The parents also participate in mandatory adoption training. | |||
====Proposal and placement==== | |||
The adoption representative calls the prospective adoptive parents with a potential placement. If everything looks fine, a child is placed in the adoptive home. | The adoption representative calls the prospective adoptive parents with a potential placement. If everything looks fine, a child is placed in the adoptive home. | ||
After the child is placed in the adoptive home | |||
====After the child is placed in the adoptive home==== | |||
For the first six months, the adoption worker visits the child in the home. | For the first six months, the adoption worker visits the child in the home. | ||
After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a Ministry adoption, the adoption worker makes the court application for the parents. | After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a Ministry adoption, the adoption worker makes the court application for the parents. | ||
If the court is satisfied the proposed adoption is in the child’s best interests, it makes the adoption order. | If the court is satisfied the proposed adoption is in the child’s best interests, it makes the adoption order. | ||
Relative or stepparent adoption | |||
Someone may become interested in adopting a relative or partner's child. For instance, someone may wish to adopt a grandchild, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. | ===Relative or stepparent adoption=== | ||
The legal requirements are outlined in BC’s adoption law. It's a good idea to get legal advice on how to complete this kind of adoption. | Someone may become interested in adopting a '''relative or partner's child'''. For instance, someone may wish to adopt a grandchild, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court. | ||
The legal requirements are outlined in [http://canlii.ca/t/84g5 BC’s adoption law]. It's a good idea to get legal advice on how to complete this kind of adoption. | |||
The court will consider the child’s best interests when making decisions about their future. Children older than age seven will have a private interview with an adoption worker to make sure they understand the meaning of adoption, and get their views on potential placement. Children aged 12 and over must consent to their adoption. | The court will consider the child’s best interests when making decisions about their future. Children older than age seven will have a private interview with an adoption worker to make sure they understand the meaning of adoption, and get their views on potential placement. Children aged 12 and over must consent to their adoption. | ||
Anyone who has a court order or enforceable agreement for contact with the child will be notified about the adoption application. | Anyone who has a court order or enforceable agreement for contact with the child will be notified about the adoption application. | ||
Common questions | |||
What if the child is indigenous? | ==Common questions== | ||
Under BC’s adoption law, special emphasis is placed on Aboriginal heritage. If the child is Aboriginal, the importance of preserving their cultural identity must be considered in determining the child’s best interests. | |||
===What if the child is indigenous?=== | |||
Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth BC’s adoption law], special emphasis is placed on Aboriginal heritage. If the child is Aboriginal, the importance of preserving their cultural identity must be considered in determining the child’s best interests. | |||
If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry or adoption agency will notify the child’s Aboriginal community and consult with them about planning for the adoption. | If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry or adoption agency will notify the child’s Aboriginal community and consult with them about planning for the adoption. | ||
Under the federal Indian Act, an Aboriginal person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the Income Tax Act. | |||
Can a birth mother choose an open adoption? | Under the ''[http://canlii.ca/t/7vhk federal Indian Act]'', an Aboriginal person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the ''Income Tax Act''. | ||
===Can a birth mother choose an open adoption?=== | |||
Yes, the birth parents and adoptive parents can choose to communicate with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want after the adoption. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. Our information on adoption registries (no. 146) has more on open adoptions. | Yes, the birth parents and adoptive parents can choose to communicate with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want after the adoption. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. Our information on adoption registries (no. 146) has more on open adoptions. | ||
What if I want to adopt a child from another country? | |||
===What if I want to adopt a child from another country?=== | |||
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. Like domestic adoptions, an international adoption requires a homestudy to assess the adoptive parents’ suitability to adopt. So if you want to adopt a child from another province or country, you should tell the adoption agency you plan to work with early in the planning process. | To adopt a child from another country, you must use one of the licensed adoption agencies in BC. Like domestic adoptions, an international adoption requires a homestudy to assess the adoptive parents’ suitability to adopt. So if you want to adopt a child from another province or country, you should tell the adoption agency you plan to work with early in the planning process. | ||
What information is given to the birth and adoptive parents? | |||
===What information is given to the birth and adoptive parents?=== | |||
Before a child is placed with their adoptive parents, the Ministry or the adoption agency must tell the birth parents about the adoption process and its alternatives. They also gather as much information as possible about the medical and social history of the child’s birth family, preserve this information for the child, and give a copy to the adoptive parents. | Before a child is placed with their adoptive parents, the Ministry or the adoption agency must tell the birth parents about the adoption process and its alternatives. They also gather as much information as possible about the medical and social history of the child’s birth family, preserve this information for the child, and give a copy to the adoptive parents. | ||
Get help | |||
With more information | ==Get help== | ||
The Ministry of Children & Family Development has information about adoption on its website. | |||
Web: gov.bc.ca/mcfd | ===With more information=== | ||
The Adoptive Families Association of BC supports the adoption community at all ages and stages through education, counselling and advocacy. | The '''Ministry of Children & Family Development''' has information about adoption on its website. | ||
Toll-free: 1-877-236-7807 | :Web: [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions gov.bc.ca/mcfd] | ||
Web: bcadoption.com | |||
The ''''Adoptive Families Association of BC''' supports the adoption community at all ages and stages through education, counselling and advocacy. | |||
:Toll-free: 1-877-236-7807 | |||
:Web: [https://www.bcadoption.com/ bcadoption.com] | |||
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'''The above was last reviewed for legal accuracy by [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development, and [https://www.boydarbitration.ca/ John-Paul Boyd], John-Paul Boyd Arbitration Chambers.''' | '''The above was last reviewed for legal accuracy by [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development, and [https://www.boydarbitration.ca/ John-Paul Boyd], John-Paul Boyd Arbitration Chambers.''' | ||
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Revision as of 00:47, 11 February 2019
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Dial-A-Law features free information on the law in British Columbia in over 130 topic areas. A service of People's Law School, Dial-A-Law is available on Clicklaw Wikibooks, its own website at dialalaw.ca, and on the telephone at 1-800-565-5297. |
Adoption is the process to legally transfer parental responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.
Understand the legal framework
How a child becomes available for adoption
Children become available for adoption in different ways.
Under the law in BC, a parent or guardian of a child may place the child for adoption. They can place the child with an adoption agency to seek an adoptive family. Or they can work with an agency to place the child with someone they know (who is not a relative). This type of adoption is called a direct placement.
The adoption process can also start with a child being placed into the permanent care of the provincial government. When a child enters foster care, the goal is to reunite them with their birth family. In some circumstances, this is not possible or in the child's best interest. These children are placed in the Adopt BC Kids program.
BC’s licensed adoption agencies also facilitate international adoptions. These feature adopting a child from another country.
A family may become interested in adopting a relative or partner's child. For instance, someone may wish to adopt a sibling’s child, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court.
The government and licensed adoption agencies handle adoptions in BC
Only the BC government or an agency licensed by it can handle an adoption in BC. The Ministry of Children & Family Development facilitates the adoption of BC children living in foster care.
The adoption agencies licensed by the BC government handle various types of adoptions. Even with a direct placement, where the birth parents choose the adoptive parents, a licensed adoption agency must be involved before the adoptive parents receive the child.
It’s illegal to be paid for placing a child for adoption
Birth parents cannot be paid for placing a child for adoption. Under BC law, it’s illegal (with a few specific exceptions) to pay or accept money for placing a child for adoption.
The exceptions under this law are:
- A parent or guardian can receive money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services related to the birth of the child, and accommodation and transportation related to the transfer of the child.
- An adoption agency can receive fees and expenses up to certain limits set under the law.
- A lawyer can receive reasonable fees and expenses for legal services provided in connection with an adoption.
- A health care provider can receive reasonable fees and expenses for medical services provided to a child being adopted or to the birth mother in connection with the pregnancy or birth.
The Ministry of Children & Family Development does not charge fees to people who adopt a child in care.
Who must consent to an adoption
A birth mother’s consent to an adoption is required unless the child is in the permanent care of the child welfare authorities.
A birth mother’s consent is valid only if the child is at least 10 days old when the consent is given. The consent must be in a specific written form, and other documents are also required.
A biological father’s consent is usually required too, but there are exceptions. For example, a court can be asked to do away with the biological father’s consent if he can’t be located or if to do so is in the child’s best interests.
If the mother or father change their mind
A person who consented to their child's adoption may revoke their consent (cancel it) before the child is placed for adoption.
As well, the birth mother may revoke her consent to the adoption within 30 days of the child’s birth — even if the child has already been placed for adoption.
The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions.
An older child’s consent is required
If a child is age 12 or older, their consent to being adopted is required. The views of a child between seven and 11 must be considered, and if the child is mature enough, the child must receive counselling about the effects of adoption.
Who can adopt a child
Anyone over 19 years of age who lives in BC can adopt a child. They can be single or married, or in an unmarried relationship. Sexual orientation is not a factor.
Factors considered in placing a child for adoption
Under BC law, the most important consideration in placing a child for adoption is determining the best interests of the child. This includes considering:
- the child’s safety
- the child’s physical and emotional needs
- the importance of continuity of the child’s care
- the child’s relationship with their parents and family
- the child’s cultural, racial, linguistic and religious heritage
- the child’s views (depending on the child’s age)
The process to adopt a child
The adoption process starts with an application to adopt. The adoption representative will review the application. They check references, conduct a criminal record check, and complete a prior contact search through the Ministry of Children and Family Development.
A homestudy is conducted
An adoption worker will conduct a homestudy. This involves six to eight visits to the home of the prospective adoptive parents. The parents also participate in mandatory adoption training.
Proposal and placement
The adoption representative calls the prospective adoptive parents with a potential placement. If everything looks fine, a child is placed in the adoptive home.
After the child is placed in the adoptive home
For the first six months, the adoption worker visits the child in the home.
After the child has lived with the adoptive parents for at least six months, the parents can apply to court for an adoption order. If it’s a Ministry adoption, the adoption worker makes the court application for the parents.
If the court is satisfied the proposed adoption is in the child’s best interests, it makes the adoption order.
Relative or stepparent adoption
Someone may become interested in adopting a relative or partner's child. For instance, someone may wish to adopt a grandchild, or to adopt the child of their new partner. In order to adopt a child related to you by blood, or to adopt your partner's child, you need to apply to court.
The legal requirements are outlined in BC’s adoption law. It's a good idea to get legal advice on how to complete this kind of adoption.
The court will consider the child’s best interests when making decisions about their future. Children older than age seven will have a private interview with an adoption worker to make sure they understand the meaning of adoption, and get their views on potential placement. Children aged 12 and over must consent to their adoption.
Anyone who has a court order or enforceable agreement for contact with the child will be notified about the adoption application.
Common questions
What if the child is indigenous?
Under BC’s adoption law, special emphasis is placed on Aboriginal heritage. If the child is Aboriginal, the importance of preserving their cultural identity must be considered in determining the child’s best interests.
If the child is under 12 and the birth parent or other guardian doesn’t object, the Ministry or adoption agency will notify the child’s Aboriginal community and consult with them about planning for the adoption.
Under the federal Indian Act, an Aboriginal person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the Act and other laws like the Income Tax Act.
Can a birth mother choose an open adoption?
Yes, the birth parents and adoptive parents can choose to communicate with each other after a child is adopted. Before an adoption order is made, the birth parents and adoptive parents can agree on how much and what type of ongoing communication or contact they want after the adoption. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. Our information on adoption registries (no. 146) has more on open adoptions.
What if I want to adopt a child from another country?
To adopt a child from another country, you must use one of the licensed adoption agencies in BC. Like domestic adoptions, an international adoption requires a homestudy to assess the adoptive parents’ suitability to adopt. So if you want to adopt a child from another province or country, you should tell the adoption agency you plan to work with early in the planning process.
What information is given to the birth and adoptive parents?
Before a child is placed with their adoptive parents, the Ministry or the adoption agency must tell the birth parents about the adoption process and its alternatives. They also gather as much information as possible about the medical and social history of the child’s birth family, preserve this information for the child, and give a copy to the adoptive parents.
Get help
With more information
The Ministry of Children & Family Development has information about adoption on its website.
- Web: gov.bc.ca/mcfd
The 'Adoptive Families Association of BC supports the adoption community at all ages and stages through education, counselling and advocacy.
- Toll-free: 1-877-236-7807
- Web: bcadoption.com
[updated March 2018]
The above was last reviewed for legal accuracy by Adoption Branch, Ministry of Children & Family Development, and John-Paul Boyd, John-Paul Boyd Arbitration Chambers.
 Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.
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