2,553
edits
Difference between revisions of "Adoption of a Child"
From Clicklaw Wikibooks
no edit summary
| Line 53: | Line 53: | ||
===Who must consent to an adoption=== | ===Who must consent to an adoption=== | ||
'''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required. | '''A birth mother''' must consent to an adoption unless the child is in the permanent care of the child protection authorities. Her consent is valid only if the child is '''at least 10 days old''' when she gives it. The consent must be in a specific written form. Other documents are also required. | ||
| Line 66: | Line 65: | ||
====If the mother or father changes their mind==== | ====If the mother or father changes their mind==== | ||
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption. | A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption. | ||
| Line 79: | Line 77: | ||
===Factors considered in placing a child for adoption=== | ===Factors considered in placing a child for adoption=== | ||
Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth | Under BC law, the most important consideration in placing a child for adoption is the '''best interests of the child'''. The relevant factors here are set out in the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth ''Adoption Act''] and the [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth ''Child, Family and Community Service Act'']. They include: | ||
* the child's safety | * the child's safety | ||
| Line 108: | Line 106: | ||
* conduct a criminal record check | * conduct a criminal record check | ||
* conduct a medical check | * conduct a medical check | ||
* complete a prior contact search through the | * complete a prior contact search through the ministry (including similar searches in any other jurisdiction the applicant has lived in) | ||
After submitting the application, the applicant | After submitting the application, the applicant must take adoption training, such as the [https://www.bcadoption.com/adoption-education-program-online Adoption Education Program Online]. | ||
===Step 2. Homestudy=== | ===Step 2. Homestudy=== | ||
| Line 124: | Line 122: | ||
For the first six months, the social worker visits the child in the home. | For the first six months, the social 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 | 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 social worker makes the court application for the parents. | ||
If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''. | If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''. | ||
| Line 131: | Line 129: | ||
===What if the child is Indigenous?=== | ===What if the child is Indigenous?=== | ||
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth | 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 consideration is given to Indigenous heritage. If the child is Indigenous, 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 of Children & Family Development or adoption agency will notify the child’s Indigenous 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 of Children & Family Development or adoption agency will notify the child’s Indigenous community and consult with them about planning for the adoption. | ||
[http://canlii.ca/t/7vhk | Under the [http://canlii.ca/t/7vhk federal ''Indian Act''], an Indigenous 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 parent choose an open adoption?=== | ===Can a birth parent choose an open adoption?=== | ||
Yes, the birth parents and adoptive parents can choose to stay in touch 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 going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [ | Yes, the birth parents and adoptive parents can choose to stay in touch 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 going forward. If an agreement isn’t made before the adoption order, they can register with the post-adoption openness registry. [https://dialalaw.peopleslawschool.ca/adoption-registries/ Our information on adoption registries 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?=== | ||
| Line 146: | Line 144: | ||
===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 of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The | Before a child is placed with their adoptive parents, the Ministry of Children & Family Development or the adoption agency must explain the adoption process, and its alternatives, to the birth parents. The ministry gathers as much information as possible about the medical and social history of the child’s birth family. It preserves this information for the child and gives a copy to the adoptive parents. | ||
===What is the effect of an adoption?=== | ===What is the effect of an adoption?=== | ||
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 | Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 BC’s adoption law], once a child is adopted: | ||
* the child becomes the child of the adoptive parent, | * the child becomes the child of the adoptive parent, | ||
