Most adoptive parents look forward to getting that final document, the court order for their adoption. Finalizing an adoption in BC involves an application to the Supreme Court after meeting all the requirements of our Adoption Act. The adoptive parent or parents must be residents of BC (the definition of “resident” is set out in the adoption legislation); the child to be adopted may be born in BC, another province in Canada, or in another country.
The major requirements for an adoption application are as follows:
- If the adoptive parents are not related to the child to be adopted by blood or marriage, the adoption must be facilitated by one of the adoption agencies in BC;
- The necessary court documents must be prepared and filed. These include a Petition, supporting Affidavits (sworn written evidence), a report to the court from a BC adoption agency, the child’s registration of live birth document (or equivalent) and a form for BC’s department of Vital Statistics;
- The child to be adopted must have been in the care of his or her adoptive parent(s) for at least six months before the adoption application is made; and
- If possible, the consents of the birth parents, usually in the form of an Affidavit, must be obtained and filed with the application.
Some countries, such as China and Russia, require that adoptions be finalized in that country through a court or government office before the adoptive parents can leave with their child to return to Canada. Most provinces in Canada, many states in the United States, and countries such as Japan and the Philippines, allow adoptive parents to take their child home and then finalize the adoption in BC.
An adoption should be accompanied by a consideration of your existing will, or the making of a will if you don’t have one. We suggest adoptive parents also make Powers of Attorney to appoint one or more people to manage their finances if the parent becomes incapable; you will want to appoint someone who will take good care of you and your children.
Disclaimer: The above information is given as information only and is not given as legal advice. Do not rely on this information as advice for your specific circumstances. Talk to a lawyer who specializes in family law about the specific facts of your circumstances to get advice on how the law applies to you.