What is the process for adoption by stepparents?

Families are often interested in adopting a child related to them by blood. For example, an aunt and her husband might consider adopting their niece. Alternatively, a partner (of a couple) may be interested in adopting the child born to one of them during a previous relationship or marriage.

• The non-birth parent can apply to the court to jointly become the parent of the child with the birth parent. Contact a local Supreme Court Registry for information.
• A child aged 7 to 12 years being adopted by a stepparent 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 British Columbia Adoption Act, addresses the legal requirements to complete a relative adoption:

• Prospective adoptive parent(s) must be residents of British Columbia.
• The Ministry of Children and Family Development does not have a role in these adoptions. However, the Court (under section 34 of the Adoption Act) has the authority to order MCFD to conduct a review into any aspect of the application (i.e., 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:

1. a social worker
2. an extra-provincial agency
3. a person entitled to practice law under the Legal Profession Act who represents a party to the adoption
4. 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)

Note: Acrobat Reader is needed to view or print documents in PDF format.

Legal advice/assistance

Prospective adoptive parent(s) usually retain lawyers to help them process their adoption application.

• If you want to employ a lawyer, check your local phone book's yellow pages, under "lawyer". Some lawyers offer a 30 - minute consultation service for a nominal fee. Adoption is categorized under Family Law.
• Dial-A-Law is a public service operated by the British Columbia Branch, Canadian Bar Association. The service provides free tape-recorded information, not legal advice. If you are calling within the Lower Mainland, the number is 604 687-4680; outside the Lower Mainland, call 1-800-565-5297 toll free.
  

• Some Supreme Court Registries in British Columbia provide information packages. The packages contain photocopies of basic forms and instructions to help prospective adoptive parents to complete straightforward adoptions by stepparents or relatives.
  

It is advisable to consult with a lawyer before completing the forms and submitting the package to the court. For more information or to begin a stepparent adoption, please contact your local supreme court registry, or a lawyer.