Difference between revisions of "Adoption of a Child"

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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'''.
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'''.


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 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 [https://adopt.gov.bc.ca/ Adopt BC Kids program].  


BC’s licensed adoption agencies also facilitate '''international adoptions'''. These feature adopting a child from another country.  
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.  
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===
===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.
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.
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===


===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.   
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.   


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===Who must consent to an adoption===
===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 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.
 
Any other '''parent or guardian''' of the child must also consent to an adoption.
 
If a '''child is age 12 or older''', the child must consent to their adoption.


'''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.  


====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.  
A child who has consented to their adoption has until the adoption order is granted to revoke their consent.
 
====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.
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.
 
==== The child’s perspective ====
 
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.
 
An adult (someone age 19 or older) who lives in BC can adopt a child. A child may be placed for adoption with one adult or two adults jointly.


===Factors considered in placing a child for adoption===
===Factors considered in placing a child for adoption===
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 safety
Under BC law, the most important consideration in placing a child for adoption is determining the '''best interests of the child'''. The relevant factors that go into determining the child’s best interests 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 physical and emotional needs
*the child's safety
*the importance of continuity of the child’s care
*the child's physical and emotional needs and level of development
*the child’s relationship with their parents and family
*the importance of continuity in the child's care
*the child’s cultural, racial, linguistic and religious heritage
*the importance to the child's development of having a positive relationship with a parent and a secure place as a member of a family
*the child’s views (depending on the child’s age)
*the quality of the relationship the child has 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 there is delay in making a decision


===The process to adopt a child===  
===The process to adopt a child===  
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.


====A homestudy is conducted====
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 (including equivalent searches in any other jurisdiction the applicant has lived in). A medical check is also required.
 
==== 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.  
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====
==== 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 after careful consideration a prospective family is chosen as meeting the best interests of a child, a transition plan is created to place the child 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.  


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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===
 
===Relative or stepparent adoption of a child not in government care===
 
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.  
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.  


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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==
==Common questions==


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