Adoption

The effect of an adoption order is that the adopted child’s birth parents no longer have any parental rights or obligations with respect to the child. The adopted child truly becomes the child of the adoptive parents; and, the adoptive parents are truly the parents of the adopted child.

The adoptive parents can even apply to change the legal name of the adopted child. The only exception to the rule that a biological parent’s rights and obligations are terminated with respect to an adopted child is when the application for adoption is to parent jointly with another parent of the child (for instance, in the case of step-parent adoption).

The best interests of the child are of paramount consideration in every aspect of the adoption process. According to Section 3 of the Adoption Act: All relevant factors must be considered in determining the child’s best interests, including for example:

(a) the child’s safety;
(b) the child’s physical and emotional needs and level of development;
(c) the importance of continuity in the child’s care;
(d) the importance to the child’s development of having a positive relationship with a parent and a secure place as a member of a family;
(e) the quality of the relationship the child has with a parent or other individual and the effect of maintaining that relationship;
(f) the child’s cultural, racial, linguistic and religious heritage;
(g) the child’s views; and,
(h) the effect on the child if there is delay in making a decision.

A variety of situations can arise which can result in the adoption of a child, including, for example:

• A step-parent wishing to adopt a step-child
• If a parent dies or becomes unable to raise a child, a grandparent or other relative may seek to adopt a child
• In the case of a same-sex marriage the non-biological parent may wish to adopt the child
• If a couple is unable to bear children biologically or for any other number of reasons, they may choose to adopt a child through an agency

It is common for our South Surrey adoption lawyers to get questions from a prospective adoptive parent and the necessity of consent. Who needs to consent to the adoption, if at all?

The general requirements for consent to adopt in BC are set out at Section 13(1) of the BC Adoption Act. The following people must consent before an adoption can take place, depending on the circumstances:

(a) the child, if twelve years of age or over
(b) the child’s parents
(c)the child’s guardians

A birth mother’s consent to put her child up for adoption is valid only when the child has reached at least 10 days old when the consent is given. While typically the above noted consents are required before an adoption can occur, sometimes there may be exceptions to this rule.

Under the Adoption Act of BC, an applicant must be a resident of British Columbia. Other than that, one adult alone or two adults jointly may apply to adopt a child in BC. Further, one adult alone may apply to become the adopted parent of a child jointly with another parent.

At Pier Law & Mediation, we can help you navigate the sometimes complex and daunting adoption process whether you are a relative, step-parent or other third party seeking to adopt a child (or adult). We will handle the paperwork, provide you the guidance you need, and generally help make the process as smooth as possible.  We are here to help you make the family of your choosing.