Adoption (3:XIII): Difference between revisions
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = family}} == A. Legislation == === 1. Adoption Act, RSBC l996, c 5 === The ''Adoption Act'' governs adoptions in BC. The Act provides for the l...") |
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=== 6. Revocation of Consent === | === 6. Revocation of Consent === | ||
Fraud, undue influence, or duress may invalidate consent. In the absence of such defect with the agreement, the court may only revoke consent if it is in the best interests of the child. | Fraud, undue influence, or duress may invalidate consent. In the absence of such defect with the agreement, the court may only revoke consent if it is in the best interests of the child. | ||
Consent may be revoked in writing before the child is placed (s 18). The birth mother may revoke her consent within 30 days of the child’s birth regardless of the child’s placement. The child may revoke consent at any time before the order is made (s 20). After the child has been placed, subject to the above, consent may be revoked only by court order and only if it would be in the best interests ofthe child. The application for revocation of consent must be made before the granting of the adoption order (s 22). | |||
A person who consents to an adoption may revoke his consent prior to the child being placed if the revocation is in writing and received by the director or agency before placement. | |||
=== 7. Checklist for Filing an Adoption === | |||
The necessary documents for an adoption application can be found on the [http://www.courts.gov.bc.ca/supreme_court/self-represented_litigants/info_packages.aspx BC Supreme Court website]. | |||
The applicant should include: | |||
*the petitioners’ affidavit; | |||
*Petition to the Court (Form F73); | |||
*affidavit of parent’s consent to adoption; | |||
*paternity affidavit of birth mother if no father 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; | |||
*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. | |||