Difference between revisions of "Adopting Children"

Jump to navigation Jump to search

Adopting Children (view source)

Revision as of 19:31, 2 August 2017

16 bytes removed ,  19:31, 2 August 2017
no edit summary
Line 11: Line 11:
There are two basic kinds of adoption: adoption within a family unit by a relative or stepparent, with the consent of the natural parent; and, adoption by a stranger through an agency. The first kind can be handled privately through the court process. The second kind requires either the involvement of the [http://www.bcadoption.com Adoptive Families Association of British Columbia], a contractor of the provincial Ministry for Children and Family Development, in the case of children in the care of the government, or the use of licensed adoption agency in the case of children not in government care. A list of the four adoption agencies licensed in British Columbia is provided at the end of this section.
There are two basic kinds of adoption: adoption within a family unit by a relative or stepparent, with the consent of the natural parent; and, adoption by a stranger through an agency. The first kind can be handled privately through the court process. The second kind requires either the involvement of the [http://www.bcadoption.com Adoptive Families Association of British Columbia], a contractor of the provincial Ministry for Children and Family Development, in the case of children in the care of the government, or the use of licensed adoption agency in the case of children not in government care. A list of the four adoption agencies licensed in British Columbia is provided at the end of this section.


The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' sets out the rules that guide parents and the courts through the adoption process. As in all matters involving children, the courts are primarily concerned with the best interests of the child, and s. 3 of the act describes a number of factors that should be considered in determining what is in the child's best interests.
The provincial ''[http://canlii.ca/t/84g5 Adoption Act]'' sets out the rules that guide parents and the courts through the adoption process. As in all matters involving children, the courts are primarily concerned with the best interests of the child, and s. 3 of the ''Act'' describes a number of factors that should be considered in determining what is in the child's best interests.


<blockquote><tt>(1) All relevant factors must be considered in determining the child's best interests, including for example:</tt></blockquote>
<blockquote><tt>(1) All relevant factors must be considered in determining the child's best interests, including for example:</tt></blockquote>
Line 47: Line 47:
Among other things, the natural parent will lose rights such as being kept up to speed on developments in the child's health and schooling, and obligations such as a duty to pay child support. In a 2003 case of the Supreme Court, ''[http://canlii.ca/t/1pt0x Zien v. Woda]'', 2003 BCSC 1238 the court held that the adoption of a child by the mother's new partner stripped the natural father of his obligation to pay support, effective from the moment the adoption order was made.
Among other things, the natural parent will lose rights such as being kept up to speed on developments in the child's health and schooling, and obligations such as a duty to pay child support. In a 2003 case of the Supreme Court, ''[http://canlii.ca/t/1pt0x Zien v. Woda]'', 2003 BCSC 1238 the court held that the adoption of a child by the mother's new partner stripped the natural father of his obligation to pay support, effective from the moment the adoption order was made.


From the time an adoption order is made, the birth parent has no more legal interest in the adopted child, including with respect to how the child is raised, where the child lives, where the child goes to school, what sort of medical treatment he or she receives, or how the child is disciplined. In the eyes of the law, the adoptive parents are the only parents the child has.
From the time an adoption order is made, the birth parent has no more legal interest in the adopted child, including with respect to how the child is raised, where the child lives, where the child goes to school, what sort of medical treatment they receive, or how the child is disciplined. In the eyes of the law, the adoptive parents are the only parents the child has.


===Who can place a child for adoption===
===Who can place a child for adoption===
Line 63: Line 63:
Section 5 of the ''[http://canlii.ca/t/84g5 Adoption Act]''  says that a child can be placed for adoption with one or two people, as long as they live in the province.
Section 5 of the ''[http://canlii.ca/t/84g5 Adoption Act]''  says that a child can be placed for adoption with one or two people, as long as they live in the province.


<blockquote><tt>(1) A child may be placed for adoption with one adult or 2 adults jointly.</tt></blockquote>
<blockquote><tt>(1) A child may be placed for adoption with one adult or two adults jointly.</tt></blockquote>
<blockquote><tt>(2) Each prospective adoptive parent must be a resident of British Columbia</tt></blockquote>
<blockquote><tt>(2) Each prospective adoptive parent must be a resident of British Columbia</tt></blockquote>


Line 84: Line 84:
#the Director under the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'', but only if the child is in the care and <span class="noglossary">custody</span> of the government.
#the Director under the ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'', but only if the child is in the care and <span class="noglossary">custody</span> of the government.


The act also says that a birth mother's consent to the adoption is only valid if she gives it 10 or more days after the child's birth. The act also provides that a parent under the age of 19 may give a valid consent.
The ''Act'' also says that a birth mother's consent to the adoption is only valid if she gives it 10 or more days after the child's birth. The ''Act'' also provides that a parent under the age of 19 may give a valid consent.


===Revoking consent===
===Revoking consent===
Line 91: Line 91:


*A birth mother may revoke her consent at any time until the child is 30 days old, or, afterwards at any time until the child is placed with the adoptive parents.
*A birth mother may revoke her consent at any time until the child is 30 days old, or, afterwards at any time until the child is placed with the adoptive parents.
*A child can revoke his or her consent at any time until the adoption order is made.
*A child can revoke their consent at any time until the adoption order is made.


After the child is placed, a consent can only be revoked after an application to the court, providing the application is made before the adoption order is pronounced.
After the child is placed, a consent can only be revoked after an application to the court, providing the application is made before the adoption order is pronounced.
Line 130: Line 130:
The process for relative adoptions is a lot easier, mostly because the ''[http://canlii.ca/t/84g5 Adoption Act]''  exempts this sort of adoption from the notice requirements for direct placement adoptions. This means that the portion of the process described above, involving the Ministry and the Director of the Adoptions Division, can be bypassed, and no assessments or reports are required from the Director.
The process for relative adoptions is a lot easier, mostly because the ''[http://canlii.ca/t/84g5 Adoption Act]''  exempts this sort of adoption from the notice requirements for direct placement adoptions. This means that the portion of the process described above, involving the Ministry and the Director of the Adoptions Division, can be bypassed, and no assessments or reports are required from the Director.


Stepparents may apply under this process for an order that they become "jointly" a parent of the child with his or her birth parent, usually the stepparent's spouse, the natural parent of the child. This is another form of relative adoption, and has the same effect as a normal adoption, meaning that the other natural parent (the one who isn't married to the stepparent) of the child loses his or her rights and obligations in relation to the child.
Stepparents may apply under this process for an order that they become ''jointly'' a parent of the child with their birth parent, usually the stepparent's spouse, the natural parent of the child. This is another form of relative adoption, and has the same effect as a normal adoption, meaning that the other natural parent (the one who isn't married to the stepparent) of the child loses their rights and obligations in relation to the child.


==Adoption through the Ministry==
==Adoption through the Ministry==
Line 152: Line 152:
The worker will then begin a ''homestudy''. A homestudy is an assessment of the applicants completed over several months through visits to their home. It includes an educational component which prepares the adopting parents to meet the needs of the adopted child.
The worker will then begin a ''homestudy''. A homestudy is an assessment of the applicants completed over several months through visits to their home. It includes an educational component which prepares the adopting parents to meet the needs of the adopted child.


Once the homestudy is complete, the adoption worker begins the process of matching available children to adopting parents. Once a match is found and the adopting parents accept the child, they begin pre-placement visits with the child. (If the child lives in a different community, the adopting parents will be asked to visit the child in his or her community.) For these first visits, a worker will be present. Over time, the adopting parents will begin to spend time alone with the child and have visits at their own home. If things go well, the adoption worker will make a decision about the suitability of the placement based on what he or she considers to be in the child's best interests.
Once the homestudy is complete, the adoption worker begins the process of matching available children to adopting parents. Once a match is found and the adopting parents accept the child, they begin pre-placement visits with the child. If the child lives in a different community, the adopting parents will be asked to visit the child in their community. For these first visits, a worker will be present. Over time, the adopting parents will begin to spend time alone with the child and have visits at their own home. If things go well, the adoption worker will make a decision about the suitability of the placement based on what they consider to be in the child's best interests.


The steps between the initial application and the match are not particularly quick. In recognition of this, be prepared for homestudies to be repeated every 12 months. Criminal records checks and checks for previous ministry involvement are conducted every two years.
The steps between the initial application and the match are not particularly quick. In recognition of this, be prepared for homestudies to be repeated every 12 months. Criminal records checks and checks for previous ministry involvement are conducted every two years.
Line 158: Line 158:
Finally, if all parties are satisfied, the child is placed in the home of the adopting parents. At this point the adopting parents will fill out the Notice of Placement described above. After six months of the child living in the care and custody of the adopting parents, the parents can begin the process of applying to the Supreme Court for an adoption order. You should be aware that during the whole of this period, and until an adoption order is made, the Director remains the legal guardian of the child.
Finally, if all parties are satisfied, the child is placed in the home of the adopting parents. At this point the adopting parents will fill out the Notice of Placement described above. After six months of the child living in the care and custody of the adopting parents, the parents can begin the process of applying to the Supreme Court for an adoption order. You should be aware that during the whole of this period, and until an adoption order is made, the Director remains the legal guardian of the child.


Note that if the child is between the ages of seven and 12, an independent worker will meet with him or her to do a report on the child's views of the proposed adoption. This report will form part of the materials that the court will consider in hearing the adoption application. A child over the age of 12 must consent to the adoption.
Note that if the child is between the ages of seven and twelve, an independent worker will meet with them to do a report on the child's views of the proposed adoption. This report will form part of the materials that the court will consider in hearing the adoption application. A child over the age of 12 must consent to the adoption.


==Adoption agencies==
==Adoption agencies==


The following four organizations are licensed by the provincial government under the Adoption Act to operate as adoption agencies. These are ''all'' of the licensed agencies in British Columbia.
The following four organizations are licensed by the provincial government under the ''Adoption Act'' to operate as adoption agencies. These are ''all'' of the licensed agencies in British Columbia.


<blockquote>'''[http://www.choicesadoption.ca/home/index.php Choices Adoption & Counselling Services]'''<br>
<blockquote>'''[http://www.choicesadoption.ca/home/index.php Choices Adoption & Counselling Services]'''<br>
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Special:MobileDiff/36861"

Navigation menu