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Adoption in Ontario

Published: April 14, 2015

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Adoption in Ontario

Adoptive Parents

When thinking about adoption in Ontario, there are three main typical avenues that a person, couple, or family can pursue. They are Public, Private and International.

Each of these three ways has similar but distinct processes and procedures as well as a range of costs that are associated with them.

There is also a fourth route to adoption, which is the Relative adoption. This is the process of adopting a child who may be a step-child or a blood relative, as defined by the Child and Family Services Act, like a nephew or a grandchild. It does not, however, have to be a blood relation – it could be the child of your sister’s spouse (from a previous marriage), for example.

Anyone considering a relative adoption would certainly benefit from the expertise of a Family Law lawyer. Your lawyer can assist you as you navigate the complex legal processes and procedures properly. The relative adoption process is different from the three other types of adoptions mentioned above in many key ways. This option is the only avenue that the adoption can take place directly through the Ontario Family Court, as long as everyone involved lives in Ontario. The relative adoption is also the only avenue where the involvement of a private adoption practitioner or a Children’s Aid Society is not required. Relative adoptions is the only avenue in Ontario for which certification (including home study and adoption training) is not required. This certification is mandatory for all three other options.

To qualify for the relative adoption process, the adoptive parent must have one of the following relations to the child: step-parent, grandparent, aunt, uncle, great-aunt, or great-uncle.

Birth Parents

As a birth parent, you have many responsibilities when it comes to raising your child. If you feel that these responsibilities are going to be too great and wish to place your child up for adoption you can find out more information free of any obligation.

If you feel that you have been forced into a situation where you unwillingly have placed your child or have had your child placed for adoption, there are remedial steps that are also available.

It’s instructive to note that within the first 7 days after the child has been placed for adoption; the birth parents have the right to change their minds about signing the final adoption forms. After the documents have been signed, the birth parents also have 21 days to revoke the decision and start the procedure to have their child returned to their care. A lawyer can assist you with this process to ensure that the proper documents are completed and that the strict timelines are met.

If you have an adoption matter that requires the assistance of a lawyer, please call Gelman & Associates at (416) 736-0200 to book a private consultation.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - adoption

There are five main types of adoption in Canada: adoption via the public welfare system, through a private adoption agency, from another country (international adoption), adoption of your stepchild, and from a birth relative (kinship adoption).

A home study is the first step in the adoption process. This process involves the assessment of your skills as a potential adoptive parent, and it is a tool designed to prepare you for the responsibilities of an adoptive parent. You need to finish this process to get your adoption approved.

Adoption is a lifelong commitment, while foster care is a short-term or temporary arrangement that involves assigning a child to a family while the child’s parents undergo counseling. Even though the primary goal of foster care is to reunite the child with their parents, in some cases, the foster parents may end up adopting the child they have fostered.

Open adoption is when the biological mother and the adoptive family exchange information about each other. The amount of information shared between the two parties is discussed, including swapping photos, legal histories, and even visits. This is the opposite of closed adoption, which until recently was the adoption standard.

Yes, it can be challenging to adopt in Canada. As of now, there are five ways you can adopt in the country, and each of them has its own complicated process that you should undergo.

Yes, you can adopt when you’re older, and it’s worth noting that agencies can’t legally on age. As of now, more people are willing to adopt in the later years of their life.

Yes, you can still adopt if you have a mental illness as long you know how to nurture a child’s demands. Having a disability does not prevent you from becoming an adoptive parent.

Home study can be walked through by a provincially approved adoption practitioner. In certain jurisdictions, like Ontario, you can locate one through an adoption agency or on your own. You’ll need an adoption licensee or agency to help you with the legal procedures, depending on which path you select.
You can seek help from a variety of people, organizations, and individuals. An excellent place to start is the Adoption Council of Canada. Also, inquire about what governmental and private adoption agencies, adoption licenses, and adoption practitioners have to offer.

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