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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}}
{{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.
'''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.


==Understand the legal framework==
==What you should know==


===How a child becomes available for adoption===
===There are several types of adoption===
Children become available for adoption in different ways.
There are different ways to adopt a child in BC.


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'''.
[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'''.


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].  
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].


BC’s licensed adoption agencies also facilitate '''international adoptions'''. These feature adopting a child from another country.  
BC’s licensed adoption agencies help with '''international adoptions'''. These involve 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 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 government and licensed adoption agencies handle adoptions in BC===
===Who can adopt a child===


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.
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.


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.
A child may be placed for adoption with one adult or two adults jointly.
   
   
===It’s illegal to be paid for placing a child for adoption===  
===Who handles adoptions in BC===  
 
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. 


The exceptions under this law are:
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.
*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.
[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.


===Who must consent to an adoption===
===It’s illegal to pay or accept payment for 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.
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.


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.
The '''exceptions''' are:


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


If a '''child is age 12 or older''', the child must consent to their adoption.
The Ministry of Children & Family Development doesn’t charge people to adopt a child in care.


==== If the mother or father change their mind ====
==== If the mother or father change their mind ====
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The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions.   
The revocation must be in writing and delivered to the adoption agency or the BC director of adoptions.   


==== The child’s perspective ====
====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.


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


===Who can adopt a child===
A revocation must be '''in writing'''. It must be given directly to the adoption agency or the BC director of adoptions.
 
====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 [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth the ''Adoption Act''] and [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-46/latest/rsbc-1996-c-46.html#sec4_smooth 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


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.
===Relative or stepparent adoption of a child===


===Factors considered in placing a child for adoption===
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.


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:
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 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 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.


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


==== A homestudy is conducted ====
==The process to adopt a child ==


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.  
===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:


==== Proposal and placement ====
* 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)


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 submitting the application, the applicant ''must'' take adoption training, such as the [https://www.bcadoption.com/adoption-education-program-online Adoption Education Program Online].


==== After the child is placed in the adoptive home ====
===Step 2. Homestudy===


For the first six months, the adoption worker visits the child in the home.  
A social worker conducts a '''homestudy'''. This involves six to eight visits to the home of the prospective adoptive parents.


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.  
===Step 3. Placement===


If the court is satisfied the proposed adoption is in the child’s best interests, it makes the adoption order.
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.


===Relative or stepparent adoption of a child not in government care===
===Step 4. Application for the adoption order===


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.  
For the first six months, the social worker visits the child in the home.


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.
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.


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.
If the court is satisfied that the proposed adoption is in the child’s best interests, it makes the '''adoption order'''.


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==
===What if the child is Indigenous?===


===What if the child is Indigenous?===
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec3_smooth 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.
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.  
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 ''[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''.
[http://canlii.ca/t/7vhk 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 mother choose an open adoption?===
===Can a birth parent 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.
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?===
===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.
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?===
===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.
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?===
[https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-5/latest/rsbc-1996-c-5.html#sec37 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.


==Get help==
==Who can help==


===With more information===
===With more information===
The '''Ministry of Children & Family Development''' has information about adoption on its website.
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]
 
* [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.
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.
* [http://adopt.gov.bc.ca/ Visit website]
:Toll-free: 1-877-236-7807
 
:Web: [https://www.bcadoption.com/ bcadoption.com]  
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]].


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