Child Adoption

Child Adoption

We Can Help You Navigate the Adoption Process

In Ontario, children can be adopted through four distinct pathways. Our firm specializes in assisting step-parents or other relatives with the adoption process.

Step-Parent Adoption in Ontario

Our Ontario adoption lawyers frequently handle requests for step-parent adoptions. This process involves a court-ordered procedure, which we will detail below. Please refer to the Government of Ontario website for information on other adoption methods.

Step Parent Adoption Process in Canada

Step-parent adoption typically requires the spouse of the child’s parent, either alone or jointly with the child’s parent, to apply for an adoption order under the Child and Family Services Act. This application is submitted to either the Ontario Court of Justice or the Family Court of the Superior Court of Justice.

The court’s primary concern is ensuring the child’s best interests. It considers the child’s emotional, physical, and mental needs, wishes (if ascertainable) and religious and cultural background. Particular emphasis is placed on preserving the cultural identity of Indigenous children.

Consent is a crucial part of the adoption process. An adoption order will only be issued with the written consent of every parent, the child (if they are seven years or older), and the applicant’s spouse. A parent cannot give consent within the first week after a child’s birth. Additionally, a person who has given consent has the right to withdraw it within 21 days, a period that the court may extend if it benefits the child.

While the court generally seeks the consent of every parent before granting an adoption order, it may forego consent if it serves the child’s best interest and the individual has been notified of the adoption and the application to forego consent.

The court conducts a private hearing in the county or district where the applicant or child resides. If a person has given consent or consent has been dispensed with, they will not receive a notice of the hearing.

What Happens Once an Adoption is Finalized?

When the court issues an adoption order, it is definitive. The adopted child legally becomes the applicant’s child, and the applicant becomes the child’s legal parent, as if the child had been born to them. This transformation is significant: once an adoption order is made, the court will no longer grant access rights to the birth parents or their family members.