Adopting a child can be a profound and rewarding choice. In British Columbia, it’s essential to understand the legal framework that guides this process. The Adoption Act is the primary legislation governing adoption in BC, and sets out the procedures and requirements to ensure that every adoption serves the best interests of the child.

Eligibility for Prospective Adoptive Parents in BC

In BC, prospective adoptive parents must meet the following criteria:

• Age and Residency: Applicants must be at least 19 years old and have legally resided in BC for at least six months.
• Relationship Status: Applicants can be single, married, or in a common-law relationship.

Different Types of Adoption have Different Requirements

1. Direct Placement

Definition: a birth parent or guardian places their child with prospective adoptive parents directly, without the involvement of an adoption agency or the Ministry, although certain legal requirements still must be met.

Requirements:

• Notification: Prospective adoptive parents must notify the director or adoption agency before receiving the child.
• Information Exchange: Both parties (birth and adoptive parents) receive detailed medical and social histories of the child’s biological family and alternatives available to the birth parents.
• Pre-Placement Assessment: A pre-placement assessment is conducted by the director of the Ministry of Children and Family Development or an adoption agency and provided to both the birth and prospective adoptive parents.
• Consent and Notice: Prospective adoptive parents must ensure consents are obtained and notices are sent to entitled individuals before the child is placed in their home.
• 14-Day Notification: After placement, prospective adoptive parents must notify the director or agency within 14 days (unless they are a relative).

2. Relative Adoption

Definition: when a child is adopted by a relative, such as a grandparent, aunt, uncle, or stepparent. It can also apply to those recognized as relatives based on Indigenous customs or traditions.

Requirements:

• Eligibility: A child is adopted by a relative (including stepparents). For Indigenous children, relatives can also include those based on customs, traditions, or community practices.
• Exemption from Home Study & Pre-Placement Assessment: Unlike non-relative adoptions, relatives are exempt from these assessments.
• Court Application: Although there is no need for an agency or director’s involvement, an application to the court is still required to finalize the adoption.
• Step-Parent Adoptions: After the adoption, the non-applicant parent’s responsibilities may be modified or terminated by the court under Family Law Act orders.

3. Placement by a Director of Adoption or Adoption Agency

Definition: a child being placed with adoptive parents through the Ministry of Children and Family Development or a licensed adoption agency. These agencies are responsible for overseeing the adoption process to ensure it meets legal and ethical standards.

Requirements:

• Information Exchange: Both birth parents and prospective adoptive parents must provide and receive comprehensive information about the adoption process.
• Consent and Notice: Efforts are made to obtain necessary consents and provide notice to entitled individuals about the proposed adoption.
• Approval and Home Studies: This comprehensive evaluation includes medical and criminal record checks, interviews, and home inspections conducted by a licensed adoption agency or social worker. The home study assesses the suitability of the prospective parents, their living environment, and their ability to provide a nurturing home for a child. For out-of-province parents, it follows their jurisdiction’s laws.

• Adoption Education Program: As part of the home study, prospective parents must complete an adoption education program. This program provides valuable insights into the realities, challenges, and rewards of adoption, helping parents understand the complexities of adoption and related parenting issues.

• Cultural Identity: Special consideration is given when adopting Indigenous children, with efforts to discuss the adoption with relevant representatives and provide cultural identity information as required.

Different Provinces with Different Requirements

Each province in Canada has its own set of adoption regulations and laws but most provinces share common requirements like residency and home assessments. However, the minimum age requirements for prospective adoptive parents can differ. For instance, in Alberta and Ontario, applicants can be as young as 18 years old.

We can help!

We regularly assist families across BC with both contested and uncontested adoptions, domestically and internationally. Please contact our office at 604.853.0774 to schedule a consult with a member of our Adoption Team, who will help guide you through the process.

More information on cost and timeline for international and domestic adoptions can be found here: https://rdmlawyers.com/insights/fees/adoptions-cost-and-timeline/

More information on adult adoptions can be found here: https://rdmlawyers.com/insights/adoption/overview-of-adult-adoption-in-bc/