Family law provides us with a unique opportunity to assist families in re-structuring and rebuilding their lives amidst chaos. However, no other area within family law offers such a profound glimpse into the birth of a new family as adoption does.

Adoptions require court approval, and at Agha Law, we are well-equipped to guide you through this process. Seeking legal advice at the outset is strongly recommended.

What is Adoption?

Children may be unable to live with a parent for various reasons, including a parent’s inability to holistically care for the child. In such situations, adoption may be considered. Adoption is the formal legal process by which a person or persons can legally take responsibility for the care and upbringing of a child.

How Long is The Adoption Process in Ontario?

The duration of the adoption process in Ontario can vary significantly based on the specific circumstances of each child and prospective adoptive family. While there’s no fixed waiting period, the typical timeline post-approval to adopt from a Children’s Aid Society can range from six months to two years or longer. This process involves several stages, including the prospective parent’s application, assessment and approval, adoption training, matching with a child, and finally, placement. Each adoption journey is unique, and understanding this can help manage expectations and ensure readiness for this significant life event.

Who Can Adopt a Child?

To adopt a child in Ontario, you must live in Ontario and be at least 18 years old. There is no legislative requirement that the applicant be married, but if you are married, your spouse must also consent to the adoption in writing. Two applicants can only adopt a child if they are married or living in a common-law relationship.

Is it Hard to Adopt a Child in Ontario?

Adopting a child in Ontario is a profound commitment and involves a complex process, requiring patience and resilience from prospective adoptive parents. Typically, the process can take at least one year or even longer, with the duration fluctuating depending on various factors, such as the type of adoption chosen and the individual circumstances of the child and the adoptive family. The journey involves stages like application, home study assessment, adoption training, child matching, and final placement. While rigorous and time-consuming, the process is designed to prioritize the child’s best interests. Efforts are ongoing to streamline the adoption system in Ontario for a more efficient and responsive experience.

Adopting Children Under The Age Of Majority

Children under the age of majority can be adopted by married or unmarried adults, whether they are step-parents or any other individuals who can prove to the court that they will honor the best interest of the child.

Adopting Children Over The Age Of Majority

Children over the age of majority can only be adopted by the person or couple who cared for and looked after the individual when he or she was a minor.

In Ontario, there are four ways by which children may be adopted:

By an immediate family member or by a step-parent together with one parent.

Through Children’s Aid Societies.

Through a licensed individual or private adoption agency or

Through a recognized licensed international adoption agency with offices in the province.

Relative Adoption

In Ontario, a relative can adopt a child without obtaining a home study or being approved by the Ministry of Children, Community, and Social Services as an appropriate parent. At Agha Law, we are pleased to assist you if you are considering adopting a child related to you and need help with the court process.

Steps-Parent Adoption

A step-parent (the spouse of the child’s parent) can apply individually or jointly with the child’s parent under the Child and Family Services Act. The definition of “spouse” includes married partners and partners living in a conjugal relationship (same-sex or opposite-sex). Both the applicant and adoptee must be residents of Ontario for the court to make the order. A child is defined as a person under the age of 18, but orders may be made for individuals older than 18 years.

In deciding whether to make the adoption order, the court will consider various factors, including:

The emotional, physical, and mental needs of the child and the appropriate care or treatment to meet those needs.

The child’s physical, mental, and emotional level of development.

The child’s relationship with blood relatives.

The wishes of the child (if they can be ascertained) and

The child’s religious faith and cultural background, including cultural identity for Indigenous children.

The Element Of Consent

Consent is a crucial factor in any adoption process. A court will not grant an adoption unless every parent, the child (if older than seven), and the spouse of the person applying consents to the adoption. For a child older than seven, we can arrange for the child’s legal representation as part of the process.

Consent cannot be given within the first week (7 days) of the child’s birth. Additionally, the legislation allows a person who has given consent to withdraw it within 21 days. The court may extend this timeframe if it deems it in the child’s best interest. If parents withdraw consent, the child must be returned to them as soon as possible.

The court can dispense with a parent’s consent if it is in the child’s best interest, provided that the person whose consent is sought has been notified of the adoption application and the application to dispense with consent. In some situations, such as when the natural father’s identity is unknown, if he has disappeared, or if the child has been neglected or abused, written consent from the natural parents may not be required.

The Hearing

Once procedural requirements are met, the court will hold a private hearing with the child, family members, and the lawyer. The parent who has provided consent or whose consent has been dispensed with will not receive notification of the hearing date. At the hearing, the court will issue the adoption order, making the adopted child the legal child of the applicant and granting the applicant all parental rights and responsibilities. The court is then prohibited from making an order for access or parenting time between the adopted child and a birth parent or a member of the birth parent’s family.

The court date is the culmination of the process and usually a very happy day for everyone involved, including the presiding judge.

At Agha Law, we are dedicated to supporting you through every step of the adoption process, ensuring that the best interests of the child are always at the forefront.