Difference between revisions of "Adopting Children"

This page provides an overview of adoption, describes the private adoption process and the process for adopting through the Ministry for Children and Family Development, and provides contact information for the five adoption agencies licenced in British Columbia.

There are two basic types 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 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 licenced adoption agency in the case of children not in government care. A list of the five adoption agencies licenced in British Columbia is provided at the end of this page.

The provincial ''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 sets a number of factors which should be considered in determining what is in the child's best interests.

#relative adoption, where a child is adopted by a relative or stepparent;

#placement of a child by the child's natural parent or guardian with an non-family member adoptive parent or parents, called a direct placement;

#placement of a child by the Ministry for Children and Family Development, actually through the Ministry's contractor; and,

===The Effect of Adoption===

===Who can Place a Child for Adoption===

===Who can Receive a Child for Adoption===

===Who Must Consent to the Adoption===

#the birth mother of the child;

#the natural father;

#the child's guardian, if someone has been appointed to fill this role;

#the child, if the child is twelve years of age or older; and,

#the Director under the Child, Family and Community Service Act, but only if the child is in the care and custody of the government.

===Revoking Consent===

==The Private Adoption Process==

===Direct Placement by a Birth Parent===

Firstly, the adoptive parents must notify the Director of the Ministry for Children and Family Development's Adoption Division of their intent to adopt a child by filing with the ministry Form 1 of the Adoption Act Regulation. This form sets out: the name of the birth mother; the name of the natural father, if known; an explanation of the circumstances leading to the proposed adoption; and, the names of the adoptive parents.

#the child, if the child is twelve years of age or older;

#the birth mother;

#the child's natural father, if known; and,

#the child's guardian, if anyone has been appointed as such.

#the court makes an adoption order;

#any of the consents to the adoption are revoked; or,

#the court otherwise terminates the joint guardianship.

Finally, the adoptive parents must prepare and file a Petition for the adoption of the child in the registry of the Supreme Court, under the Supreme Court Family Rules, once the child has spent six months in their care and custody. The filed Petition and supporting documents must be served on the Director. Part 3 of the ''Adoption Act'' provides the details on the court process which will occur after this point, including: the documents which must be filed in court, who must be notified of the proceeding, and whether the application will require an oral hearing before a judge.

===Relative Adoption===

#the name, address, education and present employment of each applicant;

#the work history of each applicant;

#the cultural and racial background, and religion or belief system of each applicant;

#the applicants' interests and hobbies;

#the names of other children and other members of the applicants' household, including boarders;

#a statement of the family finances; and,

#the names and addresses of four personal references.

You can download the application and questionnaire at the Ministry's website, and read a helpful summary of the process. A more succinct summary is available at the AFABC website.

==Adoption Agencies==

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