Family adoption, also referred to as “kinship adoption”, is a legal process in Ontario wherein stepparents, grandparents, aunts, uncles, or great grandparents can bring an application to adopt a child. This blog post will give a broad overview of the process and explain the role a lawyer can play in assisting families as they navigate family adoption. Please note this is not legal advice and that the family adoption process will look different for different families and situations.
What is the adoption process?
The legal framework for family adoption in Ontario is set out in the Child, Youth and Family Services Act (the “CYFSA”). To start the family adoption process, you must complete several forms, including an Application for Adoption. What forms you are required to fill out will depend on your relationship to the child, the child’s age, and other factors.
Every legal parent must provide their consent in writing for an order for adoption of a child under 16 or an older child still under parental control. However, the courts have the power to dispense with that consent requirement, so long as it is in the best interest of the child and proper notice has been given or best efforts to give notice have been made.
Best interest of the child
The adoption process as a whole and, specifically, whether a judge will dispense with the consent of a parent, is driven by what is in the best interest of the child. In determining the best interest of a child, the CYFSA lists factors the court must consider:
- The children’s views and wishes, taking into account their age.
- Whether the child is First Nations, Inuk or Métis. The law requires courts to consider cultural identity and an Indigenous child’s connection to their community in making a decision on their best interest.
- The child’s needs and what appropriate care to meet those needs looks like.
- The child’s physical, mental and emotional development.
- The child’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression.
- The child’s cultural and linguistic heritage.
- The importance of the child developing a positive relationship with a parent and a secure place as a member of a family.
- The child’s relationships and emotional ties to a parent, sibling, relative, or other member of the child’s extended family or community.
- The importance of continuity in the child’s care and the possible effect on the child of disruption in care.
- The effects on the child of delay in the adoption.
Meeting with a lawyer
Adoptions are a complicated process, and each one will be different based on the family and what is in the best interest of the child. A family law lawyer can prepare the necessary documents, facilitate getting consent from parent(s), assist in locating a party and serving notice, and advise you throughout the process.
When meeting with a family law lawyer regarding an adoption, they will ask you for the following information or documentation:
- The names and dates of birth for the child, the legal parents, yourself, and any other children living with you.
- Proof of birth for the child, such as a statement of live birth or an equivalent document.
- Why do you want to adopt this child? What is your plan to care for the child?
- What do you know about the child’s parents? Do you have any communication with them?
- Do you think it is likely all legal parents will consent to the adoption?
- If you are married to the child’s legal parent, have a copy of your marriage certificate.
- Any Court Order or Agreement relating to parenting time or decision making involving the child.
- Cultural or linguistic heritage.
- Does your child have any special needs and how do you support them?
- What family, friends, or community support do you have in caring for the child?
A family adoption can be the legal recognition of a dynamic that has been in place for a while. Sometimes it is a tough decision that must be made to ensure a child is appropriately cared for. Regardless, when an adoption is finalized, it is the start of a new chapter for a family, and it is this lawyer’s pleasure to assist in bringing it to fruition.
This blog post was written by Meghan Boyer, a member of the Family Law team. She can be reached at 613-566-2055 or at meghan.boyer@mannlawyers.com.
