There are two basic types of adoption: adoption within a family unit by a relative or step-parent with the consent of the natural parent; and, adoption by a stranger through an agency. The first kind can be handled privately through the court process. The second kind usually requires the involvement of the provincial Ministry for Children and Family Development's Adoptions Division.

The provincial Adoption Act sets out the rules and regulations that guide parents and the courts through the process. As in all matters involving children, the courts are primarily concerned with the best interests of the child.

Section 3 of the Adoption Act sets out the following list of considerations:

The Adoption Act recognizes four types of adoption:

1. "relative adoption," where a child is adopted by a relative or step-parent;
2. placement of a child by the child's natural parent or guardian with an non-family member adoptive parent or parents, called a "direct placement;"
3. placement of a child by the Ministry for Children and Family Development; and,
4. placement of a child by a licenced adoption agency.

The Effect of Adoption

Section 37 of the act sets out the consequences and meaning of an adoption. Among other things, s. 37 provides that:

In other words, an adopted child's new parents become that child's parents for all intents and purposes. The adoptive parents take on all the rights and obligations the birth parents had, and, at the same time, the birth parents lose all the rights and obligations they had with respect to the child.

This will mean, for example, that the natural parent will lose rights such as being kept up to speed on developments in the child's health and schooling, and obligations such as a duty to pay child support. In a 2003 case of the Supreme Court, Zien v. Woda, the court held that the adoption of a child by the mother's new partner stripped the natural father of his obligation to pay support, effective from the moment the adoption order was made.

From the time an adoption order is made, the birth parent has no more legal interest the adopted child, including how the child is raised, where the child lives, where the child goes to school, what sort of medical treatment he or she receives, or how the child is disciplined. In the eyes of the law, the adoptive parents are the only parents the child has.

Who can Place a Child for Adoption

Section 4 of the Adoption Act states that:

Who can Receive a Child for Adoption

Section 5 of the act states that:

Section 29 states that:

In other words, a child can be placed with one adoptive parent alone, or two adoptive parents together, so long as each applicant is a resident of British Columbia.

Note that the act doesn't say anything about same-sex couples. There have in fact been many cases where same-sex couples have successfully adopted children in British Columbia; the sexual orientation of the prospective parents is not an issue in this province.

Who Must Consent to the Adoption

According to s. 13 of the Adoption Act, the following people must provide their consent to a proposed adoption:

1. the birth mother of the child;
2. the natural father;
3. the child's guardian, if someone has been appointed to fill this role;
4. the child, if the child is twelve years of age or older; and,
5. the Director under the Child, Family and Community Service Act, but only if the child is in the care and custody of the government.

The Adoption Act also provides that a birth mother's consent is only valid if she gives it ten or more days after the child's birth. The act also provides that a parent under the age of nineteen may give a valid consent.

Revoking Consent

The people who must give their consent can, if they choose, change their mind and revoke their consent, but only within certain time periods or before certain events happen.

• A birth mother may revoke her consent at any time until the child is thirty days old, or, afterwards at any time until the child is placed with the adoptive parents.
• A child can revoke his or her consent at any time until the adoption order is made.
• After the child is placed, a consent can only be revoked after an application to the court, providing the application is made before the adoption order is pronounced.

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Firstly, the adoptive parents must notify the Director of the Ministry for Children and Family Development's Adoption Division of their intent to adopt a child by filing with the ministry Form 1 from the Adoption Act Regulations. This form sets out: the name of the birth mother; the name of the natural father, if known; an explanation of the circumstances leading to the proposed adoption; and, the names of the adoptive parents.

The Director then contacts both the adoptive parents and the natural parents of the child and advises them of the legal consequences of adoption, prepares a "pre-placement assessment" of the adoptive parents, and provides the adoptive parents with information about the child's natural parents, including their medical history.

A "pre-placement assessment" includes a criminal record check of the adoptive parents, a check for past involvement with the ministry, an assessment of the birth mother and father, and an assessment of the suitability of the adoptive parents and their home to receive a new child.

The adoptive parents must obtain the consent of the following people to the adoption:

1. the child, if the child is twelve years of age or older;
2. the birth mother;
3. the child's natural father, if known; and,
4. the child's guardian, if anyone has been appointed as such.

Note that the Adoption Act requires adoptive parents to make "reasonable efforts" to notify the father of the intended adoption. If the father's whereabouts are known, the adoptive parents should send a Notice of Proposed Adoption to the father by registered mail. The court may require that an ad be placed in the Legal Notices section of the newspaper classified ads to ensure that every effort has been made to find the father and alert him to the adoption. Under certain circumstances, it is possible to obtain an order that this requirement be disregarded.

Once the consent of the birth parent or guardian of the child has been obtained, the adoptive parents and the birth parent or guardian become joint guardians of the child. This joint guardianship will last until:

1. the court makes an adoption order;
2. any of the consents to the adoption are revoked; or,
3. the court otherwise terminates the joint guardianship.

Once these conditions have been met, the birth parent or guardian of the child will transfer the custody of the child to the adoptive parents in writing. The adoptive parents must notify the Director that they have received the adoptive child into their home within fourteen days. The Director must prepare a "post-placement report" within six months of the placement of the child in the new home.

Finally, the adoptive parents must prepare and file a Petition for the adoption of the child in the registry of the Supreme Court once the child has spent six months in their care and custody. The filed Petition and supporting documents must be served on the Director. Part 3 of the Adoption Act provides the details on the court process which will occur after this point, including: the documents which must be filed in court, who must be notified of the proceeding, and whether the application will require an oral hearing before a judge.

Relative Adoption

The process for relative adoptions is a lot easier, mostly because the Adoption Act exempts this sort of adoptions from the notice requirements for direct placement adoptions. This means that the portion of the process described above, involving the Ministry and the Director of the Adoptions Division, can be bypassed, and no assessments or reports are required from the Director.

Step-parents may apply under this process for an order that they become "jointly" a parent of the child with his or her birth parent, usually the step-parent's spouse, the natural parent of the child. This is another form of relative adoption, and has the same effect as a normal adoption, meaning that the other natural parent (the one who isn't married to the step-parent) of the child loses his or her rights and obligations with respect to the child.

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People who seek to adopt through the Ministry for Children and Family Development usually do so because they wish to adopt a child and but don't have any particular child in mind, as is the case in direct placements or relative adoptions.

The first step in this process is to contact the ministry's Adoptions Division and speak with an adoption worker. The worker will arrange a meeting with the adopting parents, who will have to fill out an adoption application and an adoption questionnaire. The questionnaire asks the adopting parents about the sorts of children they are prepared to adopt, including racial characteristics, illnesses, mental and physical disabilities, and so forth. The application asks for the following information:

1. the name, address, education and present employment of each applicant;
2. the work history of each applicant;
3. the cultural and racial background, and religion or belief system of each applicant;
4. the applicants' interests and hobbies;
5. the names of other children and other members of the applicants' household, including boarders;
6. a statement of the family finances; and,
7. the names and addresses of four personal references.

The ministry will also conduct a criminal records check and check for any past contact with the ministry involving child- and family-related problems.

The worker will then begin a homestudy. A homestudy is an assessment of the applicants completed over several months through visits to their home. It includes an educational component which prepares the adopting parents to meet the needs of the adopted child.

Once the homestudy is complete, the Adoption Division begins the process of matching available children to adopting parents. Once a match is found and the adopting parents accept the child, they begin pre-placement visits with the child. (If the child lives in a different community, the adopting parents will be asked to visit the child in his or her community.) For these first visits, a worker will be present. Over time, the adopting parents will begin to spend time alone with the child and have visits at their own home. If things go well, the adoption worker will make a decision about the suitability of the placement based what he or she considers to be in the child's best interests.

The steps between the initial application and the match are not particularly quick. In recognition of this, be prepared for homestudies to be repeated every twelve months. Criminal records checks and checks for previous ministry involvement are conducted every two years.

Finally, if all parties are satisfied, the child is placed in the home of the adopting parents. At this point the adopting parents will fill out the Notice of Placement described above. After six months of the child living in the care and custody of the adopting parents, the parents can begin the process of applying to the Supreme Court for an adoption order. You should be aware that during the whole of this period, and until an adoption order is made, the Director remains the legal guardian of the child.

Note that if the child is between the ages of seven and twelve, an independent worker will meet with him or her to do a report on the child's views of the proposed adoption. This report will form part of the materials that the court will consider in hearing the adoption application. A child over the age of twelve must consent to the adoption.

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Choices Adoption & Counseling Services
100-850 Blanshard Street
Victoria, British Columbia, V8W 2H2
Phone: 250-479-9811
Fax: 250-479-9850
Toll Free: 1-888-479-9811

Family Services of Greater Vancouver
205-1600 West 6th Avenue
Vancouver, British Columbia, V6J 1R3
Phone: 604-736-7613
Fax: 604-736-7916
Toll Free: 1-866-582-3678

Hope Services
(This is a religiously-affiliated, anti-choice organization.)
200-2975 Gladwin Road
Abbotsford, British Columbia, V2T 5T4
Phone: 604-850-1002
Fax: 604-852-1045
Toll Free: 1-800-916-4673

LDS Adoption Services of British Columbia
(This is a religiously-affiliated, anti-choice organization.)
10122 140th Street
Surrey, British Columbia, V3T 4M9
Phone: 604-585-7735
Fax: 604-585-2977
Toll Free:1-888-285-7735

Sunrise Adoption Centre
102-171 West Esplanade
North Vancouver, British Columbia, V7M 3J9
Phone: 604-984-2488
Fax: 604-984-2498
Toll Free: 1-888-984-2488

The Adoption Centre
255 Lawrence Avenue
Kelowna, British Columbia, V1Y 6L2
Phone: 250-763-8002
Fax: (250) 763-6282
Toll Free: 1-800-935-4237

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