British Columbia's Adoption Act replaced legislation written in the 1950s and reflects many changes since that time. There are now fewer infants available for adoption than there are prospective parents, and there are more children in care of the government waiting for adoptive parents.

Societal values and attitudes have also changed. Research and experience suggest that birth parents never forget the children they place for adoption and that raising an adopted child is different from raising a child born into the family. Consequently, society is now more accepting of open adoption and recognizes that birth parents may want to choose who raises their children and may even want an ongoing role in their children's lives. There is also greater awareness that, while all parties to an adoption have rights and interests, those of the child are the most important.

Regulating adoptions in British Columbia

British Columbians have made it clear that they support alternatives to government adoption, but they also recommend that all adoptions be regulated to safeguard all parties' interests, particularly children's.

The Adoption Act responds to these concerns by bringing private adoption under the same regulations as government adoptions. Only the Ministry of Children and Family Development and nonprofit adoption agencies licensed by the ministry are authorized to place children for adoption. These agencies must provide a full range of adoption services including:

• counseling of birth parents to ensure they are aware of their alternatives
• a homestudy to assess the suitability of people applying to adopt
• placing infants for adoption
• completion of legal requirements
• post-adoption support

Birth parents retain the right to place their child/children with family members or others they know. However, a preplacement assessment of the adoptive parents is required unless they are related to the birth parent:

• Relative Adoptions
• Steparent Adoptions

Consent to adopt

By requiring all adoptions follow the same procedures as ministry adoptions, the Act ensures that birth parents are informed about their choices before consenting to adoption. Birth fathers can register their interest and, if appropriate, be involved in planning for their children. The father's family history and medical history are also recorded. The Birth Father Registry can be reached at 250 387-3660.

The Act gives children a say in adoption. The views of children between ages 7 and 11 years about adoption must be considered, and if the child is 12 years of age or older their consent to adoption and a change of name is required.

Open adoption

The Adoption Act enables openness agreements whereby birth parents and adoptive parents can agree to ongoing information exchange or contact if interested. Openness can vary from sharing letters or pictures through a third party, after the adoption is finalized, to birth parents having personal contact with the adoptive family throughout the child's life. The adoptive parents may also enter into an agreement with another birth relative, foster parent or aboriginal person who has a significant relationship with the child.

The Post-adoption Openness Registry enables adoptive families of children under 19 years of age, their birth parents and extended family members to enter into openness agreements after the adoption has been completed. The Registry can be reached at 250 387-3660.

Consulting with Aboriginal communities

Aboriginal communities have a greater opportunity to be involved in making plans for their children. The Adoption Act sets out that when an Aboriginal child is to be adopted, the licensed agency will, unless the parents object, notify the child's community and consult with them about planning. If the child is in the ministry's care, the ministry must notify the child's community and consult with them about planning. The ministry may also enter into agreements with Aboriginal communities or bands, which are able and willing to provide adoption services. The act allows the court to recognize adoptions carried out under the custom of an Aboriginal community or band as being the same as adoptions carried out under the Act.

Access to information

Adults adopted in BC may apply to the Vital Statistics Agency (VSA) for a copy of their original birth registration showing their birth name and the name(s) of any birth parent(s) on that record. They can also apply for a copy of their adoption order. Birth parents may apply for a copy of the amended birth registration to learn their child's name by adoption.

People who were adopted, or who placed a child for adoption before 1996, who wish to retain their privacy have two options:

1. They can file a disclosure veto with the Vital Statistics Agency (VSA), prohibiting it from releasing identifying information. The veto remains in effect until lifted by the person who filed it or until two years after their death.
2. They can file a no-contact declaration with the VSA, allowing it to release identifying information, but prohibiting personal contact. Anyone violating a no-contact declaration can be fined up to $10,000 and/or jailed.

If you are an adopted child or the birth parents of a child adopted after 1996, you may place a no-contact declaration preventing personal contact between the birth parents and the adopted child.

International adoptions are completed through the six licensed adoption agencies. Like domestic adoptions, a homestudy is required to assess adoptive parents' suitability. Efforts are made to record medical and family information about the birth family and any other background material that children value as they grow up.

The adoption of children from countries that have ratified the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption must conform to the convention's terms and conditions. Canada played a large part in negotiating the convention, which aims to ensure that international adoptions are conducted in a child's best interests and with respect for their fundamental rights. Canada ratified the Hague Convention on April 1, 1997 and it has the force of law in British Columbia.