There are no provisions in the law for adoption by common law spouses. However, if common law spouses marry, time spent together in a common law relationship may be taken into account in assessing the stability of the relationship. Also, one member of the common law relationship may apply for adoption as a single person.
If you are single you can apply to adopt. You must show that you are aware of and can overcome the many special problems faced by a single parent.
Health is important and usually you will have to provide medical background. There is no set income level, but you must have a regular income which will cover your needs and those of the child.
An agency will want information about your religious background, the number of children you have already, and your ability to have children.
In many cases, the birth parents will tell the agency the type of person or family they would like their child placed with.
The waiting list
Most agencies have a long waiting list of people who wish to adopt. The whole process, from initial contact to the order of adoption may take five to ten years or longer, depending on the agency and the type of child you want to adopt. For example, if you want to adopt a new born baby you can expect to wait much longer than if you want to adopt an older child.
Before you and your spouse are placed on the waiting list for a child, you will be put on a list to see a social worker. Many agencies will not begin an assessment of you and your spouse immediately because the waiting lists of approved adoptive parents are already very long. The agency will tell you how long you can expect to wait to see a social worker.
The social worker conducts a series of interviews to help decide whether you are suitable adoptive parents. The interviews will educate you about the issues surrounding adoption and assess you and your spouse as individuals, as a couple, and as members of the community. These interviews enable the agency, through the social worker, to get to know you and ensure that you and your spouse have a stable, ongoing relationship, and to assess your relationship with the rest of the family.
The social worker also ensures that you have a chance to consider aspects of the adoption that you may not have dealt with and come to terms with any concerns you may have. The purpose is to provide you with an education in adoption and how it is different from having a child by birth.
When this process is complete to the satisfaction of the social worker, he or she meets with a committee of agency workers to discuss your case. If you are accepted, your names are added to the waiting list of adoptive parents.
How soon you can expect to have a child placed with you will depend on the type of child you are willing to accept and the number of children available. In general, those who are willing to adopt an older child, or a child from a minority background, or a child with health or learning problems have a shorter waiting period.
An agency may have children given up voluntarily by their parents, or given into their care and custody by court order. If a parent voluntarily places a child into the care of an agency for the purpose of adoption, he or she must sign a written agreement. The agreement lasts for a period of one year and it may be renewed with the approval of the Minister of Community Services.
If the child is newborn, the agreement may not be signed until 15 days minimum after the birth of the child. This 15 day period does not include the date of birth or the date the consents are signed.
Therefore, many agencies and lawyers refer to it as 17 days to include those two extra days.
The parent can withdraw consent during that 15 day period. Also a parent may ask for the child to be returned to him or her at anytime before the filing of the Notice of Proposed Adoption (explained later in the pamphlet). The child will be returned to the parent unless the agency has reason to believe that the child is in need of protection.
A court may find that a child is in need of protection and place the child in the care of an agency. The agency can place the child for adoption after the parents right to appeal the court order ends.
In both agency and private adoptions, if the child is 12 or older you must also get the child's consent to the adoption.
When the agency has a child which can be matched with you, it will give you verbal information about the child such as life experience, medical history, and age. The information you get will not identify the child. An exception is where the child is old enough to know his or her name and background.
With this information you decide whether you want the child placed with you. If you do, the legal process of adoption begins. When you meet the child will depend on the policy of the agency you are dealing with. When a child is placed with you, the agency files a Notice of Proposed Adoption with the Minister of Community Services. Once this notice is filed, the birth parents cannot change their minds and withdraw consent. At this point you have not legally adopted the child.
The child must live with you for at least six months before the Supreme Court will hear your application to adopt the child. The Minister can waive or shorten this period in special circumstances.
During the six month period, a social worker conducts a number of home visits to ensure that bonding and acceptance are taking place and to help you with any questions or problems. The aim of the visits by the social worker is to ensure that a stable and permanent relationship develops between you and the child. If more time is needed to develop this relationship, the placement period can be extended.
When all the parties (social worker, agency, you and the child) are satisfied with the progress of the child within the family, the legal process of adoption can continue.
A lawyer from the Department of Community Services can handle the legal work, if all necessary consents are in order. If the consents are not in order the Department's lawyer will not handle the case. They charge $100.00 for one child and $50 for each additional child plus GST (These fees may change and you should check with he Department for up to date fees). A lawyer from the Department will not handle step-parent or third party adoption placements.
About six weeks before the end of the six month placement period, the lawyer sets a court date for a hearing in the Supreme Court. The lawyer gives one month s notice of the hearing date to the Minister of Community Services. The lawyer prepares the necessary documents and makes sure he or she has the documents required by the court, such as, a birth certificate and consents.
Before the hearing, the agency sends the results of the home studies and a recommendation that the adoption take place to the Minister's office. The Minister s office can then recommend that the adoption proceed. An exception is uncontested step-parent adoptions where no recommendation is needed.
The hearing is not open to the public or the media. The judge decides who can be in the court. If there are people in the court who are not involved in the case, the full names of those who are involved are not spoken aloud.
At the hearing the lawyer gives a summary of the circumstances surrounding the proposed adoption. The judge may ask questions. If the judge is satisfied with the information presented and that it is proper for the adoption to take place, he or she will make an order granting the adoption. The judge bases his or her decision on what is in the best interest of the child.
The surname of the adopted child will be your family surname unless you request a different name.
There is a one year appeal period after which the order becomes final. When the order is final, the court sends the documents in a sealed envelope to the Minister s office. The Minister's office will already have a copy of the order. The sealed information can only be opened with a court order or under the Release of Adoption Information Policy.
Section 93
Except where this Act otherwise provides, a proceeding pursuant this Act shall be held in public except that where the court is satisified that:
(a) the presence of the public could cause emotional harm to the child who is a witness at or a participant in the hearing or is the subject of the proceeding;
(b) it is necessary to exclude the public to obtain the full and candid testimony of a witness at the hearing, or;
(c) it would otherwise be in the interest of the proper administration of justice to exclude any or all members of the public from the hearing,
the court may exclude any or all members of the public from all or any part of the hearings.
Section 94(1)
No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a fosterparent or a relative of a child.
94(2) Order prohibiting publication Where the court is satisified that the publication of a report of a hearing or a proceeding, or a part thereof, would cause emotional harm to a child who is a participant in or a witness at the hearing or is the subject of the proceeding, the court may make an order prohibiting the publication of a report of the hearing or proceeding, or of the part thereof.
