J. Adoption

Question 1

What are the consequences of an Order of Adoption?

Answer 1

Sever ALL legal ties between Adoptive Child + Birth Parents

Relieve ALL rights + obligations by Birth Parents

• Financial support
• Right of contact

Question 2

What are surrogate parenting contracts? Are they allowed?*

Answer 2

Biological parent enters written agreement to join in creation of Child for adoption purposes

NOT allowed if;

• Contrary to public policy
• Void (fraud/duress)
• Unenforceable
• Regardless of payment of compensation

Question 3

Who may adopt?

Answer 3

• Single adult
• Married adults
• Unmarried (intimate partners) adults

Question 4

Who may be adopted?

Answer 4

• Minor

- Adult

Question 5

From whom must consent be required in adoption?

Answer 5

• Child > 14 years of age
• Parents of Child conceived/born in wedlock
• Mother/Father of Child born out of wedlock
• Person/Authorised agency with lawful custody

UNLESS Child is abandoned by Parent
- Parent had intent to forego parental/custodial rights as manifested by failure for 6 months to visit/communicate with Child

Question 6

What may be required for Birth Parents to gain access to sealed adoption records?

Answer 6

Good cause
- Genuine medical necessity

Due notice to Adoptive Parents

Question 7

What info may be disclosed to Adoptive Parents regarding Child?

Answer 7

Child’s medical history

Info re Birth Parents at time of birth

• Heritage
• Education
• General physical appearance
• Occupation
• Health
• Medical history

Question 8

How may Child seek info re Birth Parents?

Answer 8

Through Adoption Information Registry

• NON-identifying info re Birth Parents
• Child must be 18 years of age

NOT through sealed adoption records

Question 9

When may Child and Birth Relatives continue to have contact?

Answer 9

1) Terms of agreement incorporated into written order
2) Contact in Child’s best interests

UNLESS parental rights are terminated

Question 10

What is required for Post-adoption relationships, even if Birth Parent surrendered Child?*

Answer 10

1) Post-adoption must comply w/ originally agreed terms during surrender
2) Surrendering Parent must record that Child was surrendered knowingly (NO duress)

Question 11

What is required for Birth Parents to surrender Child for adoption?*

Answer 11

True causal nexus between;

1) D’s actual behaviour
- Substance abuse
- Mental health issues
- Domestic violence

2) Alleged impairment/imminent danger of impairment towards Child’s mental/emotional/physical condition