Difference between revisions of "Adoption of a Child"

From Clicklaw Wikibooks
Jump to navigation Jump to search
 
(34 intermediate revisions by 5 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.


This script explains the adoption process in British Columbia – both adopting a child within BC and adopting a child from overseas.
==What you should know==


==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 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?==
[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'''.
Only the provincial Ministry of Children and Family Development or non-profit adoption agencies licensed in BC are authorized to handle adoptions. 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?==
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].
It’s against the law to give or receive money for placing a child for adoption. But certain fees and expenses are allowed, namely costs relating to the birth and adoption are allowed for various people involved in the adoption process, such as the birth mother, licensed adoption agencies and lawyers providing legal services. For example, the ''Adoption Regulation'' allows a prospective parent to pay the birth mother’s expenses for such things as medical services, the cost of reasonable accommodation, counselling services and the like.


The Ministry of Children and Family Development does not charge fees if you’re adopting a child from the Ministry’s care.
BC’s licensed adoption agencies help with '''international adoptions'''. These involve adopting a child from another country.


==Who can adopt?==
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.
Anyone over 19 who is a resident of British Columbia is eligible to adopt. You can be single, in a common-law relationship or married, and you can be straight, gay or lesbian.


==What factors are considered in placing a child?==
===Who can adopt a child===
The most important thing is making sure that the best interests of the adopted child are looked after. To determine 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 a parent and a secure place as a family member,
*the child’s relationship with the birth parent,
*the child’s cultural, racial, linguistic and religious heritage, and
*the child’s views.


==What information is given to the birth mother and prospective adoptive parents?==
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.
Before a child is placed, 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 for the child and give it to the prospective adoptive parents.


==Is a home study done?==
A child may be placed for adoption with one adult or two adults jointly.
Yes. The home study includes an educational component, as well as an assessment of the prospective adoptive parent or parents through visits to their home. The home visits can take up to three or four months. The prospective parents will be asked to get a medical assessment from their family doctor and to consent to criminal record and reference checks.
===Who handles adoptions in BC===  


==What if it’s a direct placement?==
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.
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?==
[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.
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.


==Does the birth mother have to consent?==
===It’s illegal to pay or accept payment for an adoption ===
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 proper written form, and there are other required documents too.


==What if the birth mother changes her mind?==
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.
She can revoke or withdraw 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?==
The '''exceptions''' are:
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 do so.


==Is an older child’s consent required too?==
* 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 child 12 or older must be willing 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.
* 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.


==What about adopting an aboriginal child?==
The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.
The ''Adoption Act'' expresses special concern for aboriginal children. The act insists 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?==
===Who must consent to an adoption===
If they want, the birth parents and adopting parents can choose to communicate with each other after the child is adopted. Before an adoption order is made, they can make an agreement about how much and what type of ongoing communication or contact they want between the birth parents and the adoptive parents after the adoption. If an agreement isn’t made before the adoption order, they can register with the Post-Adoption Openness Registry.
'''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.


For more information on openness and making an openness agreement, refer to script [[Adoption Registries (Script 146)|146]] on “Adoption Registries”.
'''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:


==What about international adoptions?==
* he can’t be found, or
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.
* it’s in the child’s best interests to do so.


==Where can you find more information?==
Any other '''parent or guardian''' of the child must also consent to an 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==
If a '''child is age 12 or older''', they must consent to being adopted.
Only the government or an adoption agency licensed by the government can handle an adoption. As long as you’re over 19 and reside in 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.


====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.


[updated March 2013]
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 [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}}

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.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Work & Business
Families & Children
Children
 · Children's Rights

 · Children Born Outside Marriage

 · Adoption

 · Adoption Registries

 · Reporting Suspected Child Abuse

 · Child Protection & Removal
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

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.

v • d • e
 
Families & Children
Family Relationships
Divorce & Separation
Children
Resolving Family Disputes
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.


Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Adoption_of_a_Child&oldid=49323"