Relative Adoption Procedure
Relative Adoption is a unique type of adoption where a close family member adopts a relative such as a niece or a grand child. This process is distinct from other types of adoption. Often, you can complete a relative adoption directly through the Ontario Family Court without involving a private adoption practitioner or a Children’s Aid Society. A close family member can apply to the court for an adoption order. You can complete a relative adoption directly through the court without needing an adoption licensee (licensed adoption agency or individual) to assist.
Step-Parent Adoption Procedure
A Step-Parent Adoption is a process under the Child and Family Services Actthat enables the spouse of the child’s parent to bring an adoption application through either the Ontario Court of Justice or the Family Court of the Superior Court of Justice for an order for adoption. The Application can be brought individually or jointly with the child’s parent. Based on the Human Rights Code, “spouse” includes married partners and partners living in a conjugal relationship whether of the same-sex or opposite sex.
The Adoption Process
To obtain the adoption order, parties must attend a court hearing in the county or district that the applicant or child resides. During the adoption hearing, the court will consider whether the required ‘consent’ was provided and whether the adoption would be in the ‘best interest of the child’. To issue the adoption order, every parent must give written consent (but not within the child’s first week of birth), the applicant’s spouse, and the child (if seven years or older) must also consent. Anyone can withdraw their consent within 21 days. The court can extend this period if it benefits the child.
Adoption Process in Canada : Child Best interest evaluation
In an adoption hearing, the best interests of the child are a key factor. The court evaluates this based on the child’s emotional, physical, and mental needs and the child’s wishes, if discernible. The child’s religious and cultural background is also an important factor that the court will consider before making a decision considering an adoption. This element is significantly important when the child identifies as a member of the First Nation, Inuit, or Métis community. The court has discretion to dispense with consent where it is in the best interest of the child to do so, even if all the parties involved have provided their consent.
Ronan Blake is the Founder of RPB Family Law. He practices in the areas of Adoption, divorce, child custody, and child protection law
Our Ottawa family lawyers recognize the overwhelming nature of the adoption process. We and committed to guiding you through it. Our Ottawa adoption lawyers have the experience and dedication to help you achieve this goal. We provide services for all family law matters. Call us today to schedule a consultation.
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