Difference between revisions of "Adoption of a Child"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(23 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2020}} {{Dial-A-Law TOC|expanded = children}}
'''Adoption''' can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.


{{Dial-A-Law TOC|expanded = family}}
==What you should know==
This script explains the adoption process in British Columbia, for both adopting a child within BC and adopting a child from overseas.


==How does a child become available for adoption?==
===There are several types of adoption===
A child may be placed for adoption by:
There are different ways to adopt a child in BC.
*the BC government, through the Director of Adoption, or
*a licensed non-profit [https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions adoption agency] (listed on the Ministry of Children & Family Development website), or
*a birth parent or other guardian (called a direct placement).


The BC government adoption website describes [https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/how-to-adopt-a-child the following ways to adopt in BC]:
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec4_smooth Under the law in BC], a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or 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'''.
*[https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/how-to-adopt-a-child/adopt-from-foster-care Adopting from foster care]
*[https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/how-to-adopt-a-child/infant-adoption Infant adoption]
*[https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/how-to-adopt-a-child/adopt-from-another-country Adopt a child from another country]
*[https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions/how-to-adopt-a-child/relative-step-parent-adoptions Adopt a relative or stepchild]


==Who oversees adoptions?==
A child can be placed into the permanent '''care of the provincial government'''. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. [https://adopt.gov.bc.ca/ These children are placed in the Adopt BC Kids program].
Only the BC [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development Ministry of Children & Family Development] or provincially-licensed non-profit adoption agencies handle adoptions in BC. There are [https://www.bcadoption.com/adoption-agencies four adoption agencies] in BC. Even with a direct placement, where the birth parents choose the adoptive parent or parents, the ministry or a licensed adoption agency must be involved before the adoptive parents receive the child.


==Is there a fee to adopt?==
BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.
It’s illegal to give or receive money for placing a child for adoption. But the following fees and expenses can be paid:
*expenses relating to the birth and adoption paid by people involved in adopting, like the birth mother
*fees charged by licensed adoption agencies and lawyers providing legal services


For example, the [http://www.bclaws.ca/Recon/document/ID/freeside/291_96 Adoption Regulation] allows an adopting parent to pay the birth mother’s expenses for medical services, reasonable accommodation, counselling services, and other related expenses.
A family may want to adopt a '''relative or partner's child'''. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.


The ministry does not charge fees to people who adopt a child in its care.
===Who can adopt a child===


==Who can adopt?==
An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.
Anyone over 19 years of age who lives in BC can adopt. They can be single or married, or in an unmarried relationship. Sexual orientation is not a factor.


==What factors are considered in placing a child for adoption?==
A child may be placed for adoption with one adult or two adults jointly.
The most important thing is making sure that the best interests of the child are looked after. A child’s best interests include their:
*safety
===Who handles adoptions in BC===
*physical and emotional needs
*continuity of their care
*positive relationship with an adoptive parent
*relationship with the birth parent
*cultural, racial, linguistic, and religious heritage
•views, depending on the child’s age


==What information is given to the birth mother and adoptive parents?==
Only the BC government, or an agency licensed by it, can handle an adoption in BC. [https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/ministries/children-and-family-development The Ministry of Children & Family Development] helps with the adoption of BC children living in foster care.
Before a child is placed with their adoptive parents, the ministry or the adoption agency must tell the birth parent 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.


==Is a home study done?==
[https://www.bcadoption.com/adoption-agencies Adoption agencies licensed by the BC government] handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.
Yes. A home study has an educational part and an assessment of the adoptive parent or parents. The home visits can take up to three to four months. The adoptive parents will be asked to get a medical assessment from their family doctor and to have criminal record and reference checks.


==What if it’s a direct placement?==
===It’s illegal to pay or accept payment for an adoption ===
In a direct placement, a pre-placement assessment must still be done before the child can go to the home (unless the adoptive parents are related to the birth parents).


==What happens after a child is placed?==
Birth parents can’t be paid for placing a child for adoption. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec84_smooth Under BC law], it’s illegal, with a few specific exceptions.
If everything looks fine, a child is placed in the adoptive home. For the first six months, the adoption worker visits the child in the home. Then, after the child has lived with the adoptive parent or parents for at least six months, the parents can apply to the BC supreme court for an adoption order. If it’s a ministry adoption, the 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.


==Is a birth mother’s consent to adoption required?==
The '''exceptions''' are:
Yes, a birth mother’s consent to an adoption is required unless the child is in the permanent care of the ministry. But her consent is valid only if the child is at least 10 days old when she consents. The consent must be in a specific written form, and other documents are also required.


==What if a birth mother changes her mind?==
* A '''parent or guardian''' can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation of the child.
A birth mother can cancel, or revoke, her consent within 30 days of the child’s birth—even if the child has already been placed for adoption. But she must do this in writing and deliver it to a Director of Adoption or the administrator of the adoption agency before the end of the 30 days.
* 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 providing legal services related to the adoption.
* A '''health care provider''' can receive reasonable fees and expenses for giving medical services to:
** a child being adopted, or
** the birth mother in connection with the pregnancy or birth.


==Is a biological father’s consent required?==
The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.
A biological father’s consent is usually required too, but there are exceptions. Usually the father must be notified of the proposed adoption, unless the court rules that it’s not in the child’s best interests.


==Is an older child’s consent required?==
===Who must consent to an adoption===
If a child is 12 or older, their consent to being adopted is required. The views of a child between 7 and 11 must be considered, and if the child is mature enough, the child must receive counselling about the effects of 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.


==Adopting an aboriginal child==
'''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:
The ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96005_01 Adoption Act]'' has a special concern for aboriginal children. An aboriginal child’s cultural identity must be considered when looking at 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 ''[http://laws-lois.justice.gc.ca/eng/acts/i-5/ Indian Act]'', an aboriginal person who is adopted doesn’t lose any rights or privileges they have as a “status Indian” under the ''Indian Act'' and other laws.


==Can a birth mother choose an open adoption?==
* he can’t be found, or
Yes, the birth parents and adopting parents can choose to communicate with each other after a child is adopted. Before an adoption order is made, the birth parents and adopting 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.
* it’s in the child’s best interests to do so.


Script [[Adoption Registries (Script 146)|146]] on “Adoption Registries” has more on openness and making an openness agreement.
Any other '''parent or guardian''' of the child must also consent to an adoption.


==International adoptions==
If a '''child is age 12 or older''', they must consent to being adopted.
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 home study 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.


==More information==
====If the mother or father changes their mind====
*Check the Ministry of Children & Family Development [https://www2.gov.bc.ca/gov/content/life-events/births-adoptions/adoptions adoption website]
A person who consented to their child's adoption may '''revoke''' their consent (cancel it) before the child is placed for adoption.
*Contact the [https://www.bcadoption.com/ Adoptive Families Association of BC] at 1.877.ADOPT.07 (1.877.236.7807)
*Check script [[Adoption Registries (Script 146)|146]] on adoption registries


==Summary==
As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.
Only the BC government or an adoption agency licensed by it can handle an adoption. If you’re over 19 and live in BC, you can adopt. When deciding on placing a child, many factors are looked at to determine if the placement is in the child’s best interests. The birth mother can consent to placing her child for adoption once the baby is 10 days old, but she can still change her mind within 30 days of the birth if she does it in writing. Usually the biological father’s consent is necessary, and older children may have to give their consent too.


A child who has consented to their adoption has until the adoption order is granted to revoke their consent.


[updated February 2018]
A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.


'''The above was last reviewed for accuracy and edited by John Blois.'''
====The child’s perspective====
----
If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of 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 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 physical and emotional needs and level of development
* the importance of continuity in the child's care
* the child having a positive relationship with a parent and a secure place as a member of a family
* the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
* the child's cultural, racial, linguistic, and religious heritage
* the child's views
* the effect on the child if a decision is delayed
===Relative or stepparent adoption of a child===
Someone may want to adopt a '''relative or partner's child'''. For instance, they may want to adopt a grandchild or 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. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.
Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.
==The process to adopt a child ==
===Step 1. Application to adopt===
The adoption process begins with an [https://www.bcadoption.com/node/567 application to adopt]. An [http://www.bcadoption.com/agencies adoption representative] (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:
* check references
* conduct a criminal record check
* conduct a medical check
* 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 ''must'' take adoption training, such as the [https://www.bcadoption.com/adoption-education-program-online Adoption Education Program Online].
===Step 2. Homestudy===
A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.
===Step 3. Placement===
The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential '''placement'''. If the placement is accepted, a transition plan is made to place the child in the adoptive home.
===Step 4. Application for the adoption order===
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 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'''.
==Common questions==
===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 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.
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?===
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. [[Adoption_Registries|Our information on adoption registries 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. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.
Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.
===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 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?===
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 adoptive parent becomes the parent of the child, and
* the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).
After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.
An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.
==Who can help==
===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.
* [http://gov.bc.ca/mcfd Visit website]
There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.
* [http://adopt.gov.bc.ca/ Visit website]
The '''Adoptive Families Association of BC''' supports the adoption community at all ages and stages through education, counselling, and advocacy.
* Call 1-877-236-7807 (toll-free)
* [http://bcadoption.com/ Visit website]
The '''BC Supreme Court''' has a [https://www.bccourts.ca/supreme_court/self-represented_litigants/Supreme%20Court%20Document%20Packages/Adoption%20Package.docx package of information and forms on their website]. People who are representing themselves can use the package to make a basic adoption application.
* [https://www.bccourts.ca/supreme_court/self-represented_litigants/info_packages.aspx Visit website]
===Free and low-cost legal help===
Options for legal help include legal aid, pro bono services, legal clinics, and advocates. [[Free and Low-Cost Legal Help|See our information on free and low-cost legal help]].
{{Dial-A-Law_Navbox|type=families}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law_Navbox|type=family}}

Latest revision as of 03:36, 13 May 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Adoption Branch, Ministry of Children & Family Development in February 2020.

Adoption can be a happy event for two families. But first there are legal matters to take care of — the transfer of parental rights and responsibilities for a child from one family to another. Learn what’s involved in adopting a child or placing a child for adoption.

What you should know

There are several types of adoption

There are different ways to adopt a child in BC.

Under the law in BC, a parent or guardian may place a child for adoption. They can place the child with an adoption agency to find an adoptive family or 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.

A child can be placed into the permanent care of the provincial government. This is called foster care. The goal is to reunite the child with their birth family. But in some circumstances, this isn’t possible or isn’t in the child's best interests. These children are placed in the Adopt BC Kids program.

BC’s licensed adoption agencies help with international adoptions. These involve adopting a child from another country.

A family may want to adopt a relative or partner's child. It could be a niece or nephew, for instance, or the child of your new partner. To adopt a child related to you by blood, or to adopt your partner's child, you need to apply to the BC Supreme Court.

Who can adopt a child

An adult (someone age 19 years or older) who lives in BC can adopt a child in the province. A person does not need to be married to adopt a child. You can apply to adopt a child if you're single or in an opposite-sex or same-sex relationship.

A child may be placed for adoption with one adult or two adults jointly.

Who handles 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 helps with the adoption of BC children living in foster care.

Adoption agencies licensed by the BC government handle various types of adoptions. A licensed adoption agency must be involved before adoptive parents receive the child. This is true even for a direct placement, where the birth parents choose the adoptive parents.

It’s illegal to pay or accept payment for an adoption

Birth parents can’t be paid for placing a child for adoption. Under BC law, it’s illegal, with a few specific exceptions.

The exceptions are:

  • A parent or guardian can accept money from a prospective adoptive parent to cover certain expenses. For example, the birth mother can be paid for medical services for the birth of the child, as well as accommodation and transportation 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 providing legal services related to the adoption.
  • A health care provider can receive reasonable fees and expenses for giving medical services to:
    • a child being adopted, or
    • the birth mother in connection with the pregnancy or birth.

The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.

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 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 found, or
  • it’s in the child’s best interests to do so.

Any other parent or guardian of the child must also consent to an adoption.

If a child is age 12 or older, they must consent to being adopted.

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.

As well, the birth mother may revoke her consent to the adoption in writing within 30 days of the child’s birth. This can happen even if the child has already been placed for adoption.

A child who has consented to their adoption has until the adoption order is granted to revoke their consent.

A revocation must be in writing. It must be given directly to the adoption agency or the BC director of adoptions.

The child’s perspective

If a child is age 12 or older, they must consent to being adopted. The views of a child between ages seven and 11 must be considered. If the child is mature enough, the child must receive counselling about the effects of 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 the Adoption Act and the Child, Family and Community Service Act. They include:

  • the child's safety
  • the child's physical and emotional needs and level of development
  • the importance of continuity in the child's care
  • the child having a positive relationship with a parent and a secure place as a member of a family
  • the quality of the child’s relationship with a parent or other individual, and the effect of maintaining that relationship
  • the child's cultural, racial, linguistic, and religious heritage
  • the child's views
  • the effect on the child if a decision is delayed

Relative or stepparent adoption of a child

Someone may want to adopt a relative or partner's child. For instance, they may want to adopt a grandchild or 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. An adoption worker will ask questions to make sure they understand what it means to be adopted and to get their views on potential placement. Children age 12 and over must consent to their adoption.

Anyone who has a court order or enforceable agreement for contact with the child will be given notice about the adoption application.

The process to adopt a child

Step 1. Application to adopt

The adoption process begins with an application to adopt. An adoption representative (such as a licensed adoption agency or the Ministry of Children and Family Development) then reviews the application. They:

  • check references
  • conduct a criminal record check
  • conduct a medical check
  • 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 must take adoption training, such as the Adoption Education Program Online.

Step 2. Homestudy

A social worker conducts a homestudy. This involves six to eight visits to the home of the prospective adoptive parents.

Step 3. Placement

The adoption representative carefully considers whether the prospective family meets the best interests of a child. If the prospective family is chosen, the representative calls the prospective adoptive parents with a potential placement. If the placement is accepted, a transition plan is made to place the child in the adoptive home.

Step 4. Application for the adoption order

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 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.

Common questions

What if the child is Indigenous?

Under 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.

Under the 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?

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. Our information on adoption registries 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. You should tell them your plan early in the process if you want to adopt a child from outside of Canada.

Like BC adoptions, an international adoption requires a homestudy. This will help determine if you’re the right fit for the adoption.

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 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?

Under BC’s adoption law, once a child is adopted:

  • the child becomes the child of the adoptive parent,
  • the adoptive parent becomes the parent of the child, and
  • the birth parents have no further parental rights or obligations to the child (unless a birth parent is parenting jointly with the adoptive parent).

After an adoption order is made, the child has only one set of parents: the adoptive parents. The birth parents no longer have any rights to see the child or make any parenting decisions. They have no obligation to pay child support.

An adoption also affects inheritance claims. A child who has been legally adopted by adoptive parents (unless they were adopted by the parent’s spouse) is not entitled to inherit from their biological parent’s estate.

Who can help

With more information

The Ministry of Children & Family Development has information about adoption on its website.

There are children in BC waiting for an adoptive family right now. Adopt BC Kids features information on applying for a waiting child.

The Adoptive Families Association of BC supports the adoption community at all ages and stages through education, counselling, and advocacy.

The BC Supreme Court has a package of information and forms on their website. People who are representing themselves can use the package to make a basic adoption application.

Free and low-cost legal help

Options for legal help include legal aid, pro bono services, legal clinics, and advocates. See our information on free and low-cost legal help.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.