Difference between revisions of "Adoption of a Child (No. 145)"

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{{Dial-A-Law Blurb}}
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{{REVIEWEDPLS | reviewer = [http://gov.bc.ca/mcfd Adoption Branch], Ministry of Children & Family Development|date= February 2019}} {{Dial-A-Law TOC|expanded = children}}
 +
'''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.
  
−
{{Dial-A-Law TOC|expanded = family}}
+
==Understand the legal framework==
−
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?==
+
===How a child becomes available for adoption===
−
A child may be placed for adoption by:
+
Children become available for adoption in different ways.
−
*the government, through a Director of Adoption; or
 
−
*a licensed non-profit adoption agency; or
 
−
*a birth parent or other guardian (called a direct placement).
 
  
−
==Who oversees the adoption process?==
+
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'''.
−
Only the provincial Ministry of Children and Family Development or provincially-licensed non-profit adoption agencies are authorized to handle adoptions in British Columbia. 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.
 
  
−
==Are there fees involved?==
+
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].  
−
It’s against the law to give or receive money for placing a child for adoption. However, certain fees and expenses can be paid, namely expenses relating to the birth and the adoption incurred by people involved in the adoption process such as the birth mother, and fees charged by licensed adoption agencies and lawyers providing legal services. For example, the Adoption Regulation allows an adopting parent to pay the birth mother’s expenses for such things as medical services, the cost of reasonable accommodation, counselling services and other related expenditures.  
 
  
−
The Ministry of Children and Family Development does not charge fees to those who adopt a child in the Ministry’s care.
+
BC’s licensed adoption agencies also facilitate '''international adoptions'''. These feature adopting a child from another country.  
  
−
==Who can adopt?==
+
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.  
−
Anyone over 19 years of age who is a resident of British Columbia is eligible to adopt. You can be single or in an unmarried or a married relationship, and sexual orientation has no effect on your eligibility.  
 
  
−
==What factors are considered in placing a child?==
+
===The government and licensed adoption agencies handle adoptions in BC===
−
The most important thing is making sure that the best interests of the child are looked after. To determine what is in the child’s best interests, various factors are looked at, including:
 
−
*the child’s safety;
 
−
*the child’s physical and emotional needs;
 
−
*the importance of continuity in the child’s care;
 
−
*the child’s positive relationship with an adoptive parent;
 
−
*the child’s relationship with the birth parent;
 
−
*the child’s cultural, racial, linguistic and religious heritage; and
 
−
*the child’s 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. 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.
−
Before a child is placed with his or her adoptive parents, government officials or the adoption agency must inform the birth parent about the adoption process and its alternatives. Staff 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?==
+
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.
−
Yes. The home study includes an educational component, as well as an assessment of the adoptive parent or parents through visits to their home. 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 agree to criminal record and reference checks.
+
 +
===It’s illegal to be paid for placing a child for adoption===
  
−
==What if it’s a direct placement?==
+
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.
−
In a direct placement, a pre-placement assessment must still be done before the child can be received in the home (unless the adoptive parents are related to the birth parents).  
 
  
−
==What happens after the child is placed?==
+
The exceptions under this law are:
−
If everything looks fine, the 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 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.
+
*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.
  
−
==Does the birth mother have to consent?==
+
The Ministry of Children & Family Development does not charge fees to people who adopt a child in care.
−
The birth mother must consent to the adoption unless the child is in the permanent care of the government. But her consent is only valid if the child is at least 10 days old when she consents. The consent must be in a specific written form, and there are other documents are also required.
 
  
−
==What if the birth mother changes her mind?==
+
===Who must consent to an adoption===
−
She 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 her revocation must be in writing and received by a Director of Adoption or the administrator of the adoption agency before the end of the 30 days.
 
  
−
==Is the biological father’s consent 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.
−
The 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 to notify the father.  
 
  
−
==Is an older child’s consent 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.
−
A child who is 12 or older must agree to be adopted and has to give consent. 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.  
 
  
−
==What about adopting an aboriginal child?==
+
Any other '''parent or guardian''' of the child must also consent to an adoption.  
−
The Adoption Act has a special concern for aboriginal children. The act says that the aboriginal child’s cultural identity 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 involved 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 of the rights or privileges they have as a “status Indian” under the Indian Act and other laws.  
 
  
−
==Can the birth mother choose an open adoption?==
+
If a '''child is age 12 or older''', the child must consent to their adoption.
−
If they desire, the birth parents and adopting parents can choose to communicate with each other after the child is adopted. Before an adoption order is made, the birth parents and adopting parents can make an agreement about how much and what type of ongoing communication or contact they want between them after the adoption. If an agreement isn’t made before the adoption order, they can register with the Post-Adoption Openness Registry.  
 
  
−
For more information on openness and making an openness agreement, refer to script [[Adoption Registries (Script 146)|146]] on “Adoption Registries”.
+
==== If the mother or father change their mind ====
  
−
==What about international adoptions?==
+
A person who consented to their child's adoption may revoke their consent (cancel it) before the child is placed for adoption.  
−
The process of adopting a child from another country must involve 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 plan on adopting a child from another province or country, it’s important that you inform the adoption agency you plan to work with early in the planning process.  
 
  
−
==Where can you find more information?==
+
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.  
−
*Call 1.877.ADOPT.07.
 
−
*Also see the Ministry of Children and Family Development’s website on adoption at [http://www.mcf.gov.bc.ca/adoption www.mcf.gov.bc.ca/adoption].  
 
  
−
==Summary==
+
A child who has consented to their adoption has until the adoption order is granted to revoke their consent.
−
Only the government or an adoption agency licensed by the government can handle an adoption. As long as you’re over 19 and a resident of BC, you’re eligible to 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.
 
  
−
[updated May 2015]
+
The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions. 
  
−
----
+
==== The child’s perspective ====
−
{{REVIEWED | reviewer = JP Boyd and Jack Montpellier}}
 
  
 +
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===
 +
 +
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===
 +
 +
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 safety
 +
*the child's physical and emotional needs and level of development
 +
*the importance of continuity in the child's care
 +
*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 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 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.
 +
 +
==== Proposal and placement ====
 +
 +
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 ====
 +
 +
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 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.
 +
 +
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.
 +
 +
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 [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.
 +
 +
Under the federal ''[http://canlii.ca/t/7vhk 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)|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. 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: [https://www2.gov.bc.ca/gov/content/life-events/birth-adoption/adoptions gov.bc.ca/mcfd]
 +
 +
There are children in BC waiting for an adoptive family right now. '''Adopt BC Kids''' features information on applying for a waiting child.
 +
:Web: [http://adopt.gov.bc.ca adopt.gov.bc.ca]
 +
 +
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]
 +
 +
{{Dial-A-Law_Navbox|type=families}}
 
{{Dial-A-Law Copyright}}
 
{{Dial-A-Law Copyright}}
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{{Dial-A-Law_Navbox|type=family}}
 

Latest revision as of 22:33, 29 March 2019

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Adoption Branch, Ministry of Children & Family Development in February 2019.
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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.

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.

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.

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.

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

The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions.

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

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

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 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 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 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 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 (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.

Proposal and placement

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

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 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.

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. 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

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

Web: adopt.gov.bc.ca

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
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