Is Consent Of The Natural Parents Required?

Tue, 29 May 2007 21:19:00 GMT

Such consent is usually required from the natural parents, but the court can dispense with consent if there are good reasons.

No consent may be obtained until at least 48 hours after the birth of the child.

Can A Consent Be Withdrawn?

Tue, 29 May 2007 21:19:00 GMT

Any person who has given consent can change her or his mind up to 21 days after giving such consent, but only if such revocation is in writing and delivered to the Director of Child and Family Services appointed under the Child and Family Services Act, or such designated official appointed by said director. after which, as soon as possible after receipt of such revocation, the Director must give notice to the prospective adoptive parent, who must return the child, whether or not the prospective adoptive parent has commenced court proceedings with respect to the child;

Can One Adopt An Adult Or Married Minor?

Tue, 29 May 2007 21:19:00 GMT

The adoption of an adult or a married minor is a much less complicated procedure than adopting an unmarried minor. For an adult this is because the prospective child is capable of consenting to the adoption himself. Of course, as with other adoptions, the prospective adoptive parent must obtain the consent of his spouse prior to adopting an adult or married minor. Similarly, the person to be adopted must also obtain consent from his or her spouse, in the event either is married, prior to being adopted. After the adoption, the adopted child and the adoptive parent will maintain the legal relationship as parent and child and have all the rights and be subject to all of the duties of that relationship from then on. The procedure for an adult adoption generally commences with the preparation of an adoption agreement which is executed by the prospective adoptive parent and the prospective adoptee, and which establishes the nature of the adoption and the consent of all parties thereto. Thereafter the prospective adoptive parent and adoptee will file a petition for approval in the court. The matter is then set for hearing and notice is given to all interested parties. The court is free to examine all facts and circumstances surrounding this adoption and either approves the adoption or not.

What Documentation Must Be Presented With An Application For Adoption?

Mon, 04 Jun 2007 21:51:22 GMT

The documentation listed below, as may be applicable, will be required:

an affidavit from the applicant which includes the applicant's name, age, address and marital status;
the birth certificate or registration of live birth of the child;
the order of permanent guardianship or the voluntary surrender of guardianship agreement;
the consent of the natural parent(s) or permanent guardian of the child or any order dispensing with any consent;
the consent of a child over 12 years of age;
certification by the director that no notice of application under The Family Maintenance Act for declaration that a man be declared to be the father of the child was served on the director within 21 days after the signing of a voluntary surrender of guardianship agreement under The Child and Family Services Act;
a copy of the placement agreement between a prospective adoptive parent and a child and family services agency;
a report, from a child and family services agency, which includes:
- the family and developmental history of the child, identified by adoptive name and birth registration number only;
- a summary of the homestudy conducted by the child and family services agency; and
- the recommendation of the child and family services agency;
- a home assessment report respecting:

and, where applicable,

the marriage certificate of married applicants or the prescribed declaration of commitment of the cohabiting couple;
the authorization of the child and family services agency, where it extended or reduced the time for the making of the application;
decree nisi and decree absolute of divorce or divorce judgment and certificate of divorce;
death certificate of the applicant's spouse;
proof of notification of the birth father.

What Is The Effect Of An Adoption Order?

Tue, 29 May 2007 21:19:00 GMT

For all purposes, when an adoption order is made, the adopted child is the child of the adopting parent and the adopting parent is parent and guardian of the adopted child as if that child had been born to that parent in lawful wedlock.

What Notification Is Required When A Child Is Placed For Adoption?

Tue, 29 May 2007 21:19:00 GMT

Both the person who intends to receive the child and the person who intend to place the child for adoption must, at least 14 days before such receipt or placement of the child, notify the child and family services agency or an adoption agency having jurisdiction in the area where the prospective adoptive parent resides, in proper form, which notification shall include the following information:

name and birthdate of the child, or in the case of an unborn child, the expected date of birth;
the names and addresses of the parents of the child;
the name and address of the prospective adoptive parent(s);
the address where the child resides, if applicable; and
the name, occupation and address of any person who arranged or assisted in the proposed adoption.

When May An Application For Adoption Be Made?

Tue, 29 May 2007 21:19:00 GMT

An application, made in the prescribed form, may be made after the expiration of six months from the date on which the child was placed with the prospective adoptive parent, or within such lesser or greater time as the child and family services agency that is the permanent guardian of the child may authorize.

When Would Consent Of The Child Be Required?

Tue, 29 May 2007 21:19:00 GMT

The child's consent will be required if the child is 12 years of age or over.

Would A Person Be Able To Find His Natural Birth Parents Or Brothers Or Sisters?

Tue, 29 May 2007 21:19:00 GMT

In some cases, but not always.

All records relating to an adoption order that are in the custody of

the director (of Child and Family Services);
a child and family services agency; or
an adoption agency;

are confidential and may be accessed only as provided in The Adoption Act.

Postadoption records are maintained separately in the PostAdoption Registry. Identifying information may be disclosed where disclosure is necessary for the safety, health or wellbeing of a person, with the written approval of the director or in other limited circumstance under the Act.

The following persons are entitled to register in the postadoption registry, although any of them are not required to do so:

an adult adopted person;
an adopted person who is under the age of majority, through his or her adoptive parent;
an adoptive parent:
- if the adopted person is an adult, with the adopted person's consent;
- if the adopted person is deceased;
an adult adopted brother or sister of an adopted person, if the adopted person is deceased;
a birth parent of an adopted person;
an adult birth brother or sister of an adopted person.

Any of such persons may be entitled to request identifying information or reasonable assistance to locate any other such persons, unless a disclosure or contact veto from such person or persons is in effect.

Any person who is entitled to register in the postadoption registry may file a disclosure veto, in writing, prohibiting the disclosure of any identifying information and may also file with such veto a statement which may include any of the following:

reasons for wishing not to disclose any identifying information;
in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
any other relevant, nonidentifying information.

Any person who is entitled to register in the postadoption registry may file a written contact veto prohibiting anyone from trying to contact such person. The person filing a contact veto may also file a statement similar to the one which may be filed with a disclosure veto.

A contact veto may be withdrawn any time by the person who registered it, by appropriate request in writing to the director.

Even if a contact veto has been filed, in compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with them any information from the Adoption Record or the postadoption registry or obtain from them any necessary information:

a birth parent;
if the birth parent cannot be located, from a member of the birth parent's extended family;
an adult adopted person;
if the adult adopted person cannot be located, from a member of the adult adopted person's extended family.

Free Adoption Law FAQs

Wed, 25 Nov 2009 23:35:18 GMT

Free Adoption Law FAQs