Relative Adoptions
What is the process for adoption by relatives?
Many of the provisions regarding stepparent
adoptions under the Adoption Act also apply to relative adoptions.
- A child aged 7 to 12 years being adopted by a relative
must be interviewed in private by an authorized person. This is to find
out if the child understands the meaning of adoption and has any views
on the proposed adoption. The report must be filed with the court.
- In addition to being asked to consent to the adoption,
any child 12 years or older must be asked for consent to any change
of name resulting from the adoption.
- Anyone with access rights to the child must be given
notice of the adoption application.
- The Ministry of Children and Family Development does
not have a role in relative adoptions. However, the Court (under section
34 of the Adoption Act) has the authority to order the ministry to conduct
a review into any aspect of the application (ie., the absence of a biological
father's consent, the child's views) and file a report with the Court.
- The Court must consider the child's best interests
when making a determination to grant an adoption order.
Interviewing child/children between 7 and 11 years
of age
Under the Adoption Act, a younger child must be
interviewed and his/her views on the proposed adoption and name change
will be submitted to the Court.
- A worker who is employed either by a licensed adoption
agency, the Ministry of Children and Family Development, or is in private
practice and registered by the Board of Registration for Social Workers
of the Province of British Columbia, can interview the child and submit
a report to the Court. As well, registered psychologists or psychiatrists
are able to carry out the same function.
- The Board of Registration for Social Workers can provide
a listing of registered workers. If you wish to receive this information,
call 604 737-4916.
Interviewing child/children 12 years of age or older
- If your child is 12 years of age or older his/her
consent to the adoption and name change must be obtained.
- A child can revoke their consent to the adoption at
any time before the adoption order is granted.
Birth Father Registry
The Birth Father Registry
must be searched in all cases were birth parent(s) voluntarily request
adoption placement for their child, and in direct placement situations.
The court may require a search in adoptions by stepparent or relatives.
A search form can be obtained from the Birth Father Registry by calling
250 387-3660.
The following persons may apply to request a search of
the birth fathers' registry:
- a social worker
- an extra-provincial agency
- a person entitled to practice law under the Legal
Profession Act who represents a party to the adoption
- a prospective adoptive parent in a direct placement
who has given notice of intent to receive a child into his or her
home under section
8(1) of the Act
Birth
Father Search Request Form (PDF Format)
Homestudies are required by citizenship and immigration
Canada to sponsor a related child from another country who is to be adopted
by a British Columbia resident. A homestudy is completed by the ministry
or an adoption agency.
For more information or to begin a relative adoption,
please call one of the licensed adoption agencies.
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