Adoption is a significant legal process, most commonly associated with children finding their forever homes or recognizing the important role a step-parent is performing in their lives. However, there is no age limit on adoption in British Columbia.

Adult adoption is often used to formally recognize a parent-child relationship that has existed for many years. Common examples include a step-parent who raised a child into adulthood, a grandparent, aunt, uncle, or other relative who assumed a parenting role, a foster parent or guardian who became a true parent figure, or an individual seeking to legally recognize a long-standing family relationship that was never formalized.

In this blog post, we outline the ins and outs of adult adoption in British Columbia.

Who Can Adopt?

An applicant to adopt must be at least 19 years of age and a resident of BC for at least 6 months. Any one adult, or two adults jointly, may apply to adopt another person. It is not the adult seeking to be adopted who makes the application.

For an adult adoption, the court must be satisfied that the person, as a child, lived with the applicant as a member of the family and was maintained by the applicant until the person became self supporting or became an adult, and considers the reason for adoption to be acceptable.

Who needs to consent?

The court may make an adult adoption order without the consent of anyone except the person to be adopted and, of course, the applicant.

This is distinct from the adoption of a child. While birth parents are generally entitled to notice of the application, their consent is not required. Adult adoption focuses on recognizing the existing relationship between the applicant and the adult being adopted, rather than obtaining approval from biological parents.

The consent of the person being adopted must be freely given and without any form of coercion.

What’s the Process?

The applicant files a petition in the Supreme Court of British Columbia, together with supporting materials. This usually includes an affidavit setting out the history of the relationship between the applicant and the person they seek to adopt, along with the required consent from the person to be adopted.

Once filed by the court, the petition must typically be personally served on the birth parents of the person to be adopted, and potentially on other legal guardians if applicable. The spouse of the applicant may also need to be served. While these individuals do not need to consent to the adoption, they are still generally required to receive notice.

In many adult adoption applications, the matter can proceed without a contested hearing. However, every situation is different, particularly where notice is difficult, there are estranged family members, or there are capacity concerns.

Can Adult Adoptions Be Handled Remotely?

Yes. RDM assists clients with adoption matters throughout British Columbia. We have expanded our processes in light of the need for adoption services in more remote areas, where there may be few lawyers available who regularly handle this type of work.

While some documents must still be sworn or affirmed before a notary public, lawyer, or commissioner for taking affidavits, most of the process can often be completed remotely. We can advise you, prepare the necessary court materials, and guide you through each step, with the in-person component often limited to having your signature witnessed locally.

What About Adults Without Mental Capacity?

The process for adopting an adult who lacks mental capacity can differ from typical adult adoption procedures because the person to be adopted may not be able to fully understand or legally consent to the adoption.

In those cases, the court must consider whether it is appropriate to proceed. Medical evidence may be required to assess the adult’s level of capacity and their ability to provide informed consent.

If medical evidence indicates that the adult does not have the capacity to understand the adoption process, and the circumstances justify proceeding, the court has discretion to dispense with the requirement that the adult consent to the proposed adoption. This would form part of the petition materials.

Can an Adult Change THeir Name?

Yes. As part of the adoption process, an adult may choose to take the surname of the adoptive parent, retain their existing surname, or adopt a hyphenated surname. You may also change your middle name(s).

The choice is personal and should be discussed before the adoption materials are finalized.

What impact does adoption have?

As with child adoption, adult adoption grants the adopted person the same legal rights and responsibilities as if they were a biological child of the applicant. This includes inheritance rights and the right to use the applicant parent’s surname.

Adult adoption is often pursued as part of a broader estate planning plan. Once an adoption order is granted, the adopted person is generally treated in law as the child of the adoptive parent, including for inheritance purposes. However, adoption may also affect rights that would otherwise exist through a biological parent.

Adoption can also have a profound emotional and psychological impact, including a stronger sense of belonging, permanence, and commitment between the individuals involved.

However, adoption should not be considered lightly. Adult adoption legally changes family relationships and may legally end the relationship with one or both birth parents, including for inheritance purposes. Once an adoption order is granted, it is irrevocable and cannot later be reversed simply because either the applicant or the adult person adopted changes their mind.

Need Help?

Adult adoption is both a legal and deeply personal process. For many families, it provides a formal way to recognize a parent-child relationship that has existed for years or even decades.

Whether you are considering adopting an adult child, formalizing a step-parent relationship, or exploring your options, obtaining legal advice early can help ensure the process proceeds smoothly.

RDM assists clients with adult and child adoptions throughout British Columbia. To learn more, you can reach out to a member of our adoption team here or contact our office at 604.853.0774 to arrange a consultation.

 

 

*Image by Drazen Zigic on Freepik