Adopting a child is a life-changing experience filled with joy, hope, and sometimes a bit of uncertainty. At Align Family Law, a family law firm based in Victoria, British Columbia, we understand that the adoption process can feel overwhelming. Our goal is to make it as stress-free as possible.
With years of experience supporting families through this transformative journey, our team is here to guide you every step of the way. In this blog, we will break down how the adoption process works in British Columbia, from initial considerations to finalizing the adoption.
Understanding Adoption in British Columbia
Adoption is a legal process that creates a permanent parent-child relationship between individuals who are not biologically related. In British Columbia, there are two basic types of adoption, including:
- Adoption within a family (which may or may not require the natural parent’s
- consent), and
- Adoption through an agency.
Understanding the type of adoption you are interested in is crucial, as the processes differ. A knowledgeable British Columbia family law lawyer can help clarify your options and what each pathway entails.
Steps in the British Columbia Adoption Process
Direct Placement Adoption
- Notification: In a direct placement adoption, adoptive parent(s) must start by notifying the Director of the Ministry for Children and Family Development’s Adoption Division. This is done by filing Form 1 from the Adoption Act Regulation. The form requires essential information such as:
- Names of the birth parents (if known)
- A description of the circumstances leading to the adoption
- The names of the adoptive parent(s)
Once submitted, the Director will contact both the adoptive and natural parents to discuss the legal implications of adoption and provide additional necessary information to the adoptive parents, including the child’s medical history.
- Pre-Placement Assessment: The next step involves a pre-placement assessment of the adoptive parents, which includes:
- A criminal records check
- An evaluation of the parents’ past involvement with the Ministry
- Assessments of the birth parents
- A home suitability evaluation
Obtaining consent for the adoption is crucial. This includes consent from the child (if 12 years or older), the birth mother, the known natural father, and any appointed guardians. If the natural father’s whereabouts are unknown, reasonable efforts must be made to notify him, which could involve public notices.
- Joint Guardianship and Custody Transfer: Once all necessary consents are in place, the adoptive parents and the birth parents become joint guardians of the child. This arrangement continues until the court issues an adoption order, any consent is revoked, or the court terminates joint guardianship based on certain circumstances. After the adoptive parents receive the child into their home, they must notify the Director within 14 days.
- Post-placement report: A post-placement will be prepared by the Director within six months of the child’s placement. After six months, the adoptive parents can file a Petition for Adoption in the British Columbia Supreme Court.
A lawyer can provide essential support during this process, ensuring that all legal requirements are met and your rights as adoptive parents are protected.
Relative Adoption
Relative adoption offers a more streamlined process, exempting it from:
- Some notice requirements typically involved in direct placements
- The assessments and reports required from the Director under direct placement adoption
This makes it a quicker option for families looking to formalize their relationships with children they are already caring for, like a stepparent who is the spouse to one of the child’s natural parents.
Having a British Columbia adoption lawyer by your side to help you navigate these requirements can be invaluable in ensuring a smooth and efficient process.
Adoption Through the Ministry
For those wishing to adopt through the Ministry for Children and Family Development, the journey begins with contacting the Adoptive Families Association of British Columbia. Here, potential adoptive parents will meet with an adoption worker to complete an application and questionnaire detailing their preferences for the child they wish to adopt.
Comprehensive Evaluation
The Ministry conducts thorough checks, including criminal records reviews and assessments of past family-related issues. A home study follows, involving several visits and an educational component to evaluate and prepare parents for their new role.
Matching and Placement
Once the home study is complete, the Ministry starts matching available children with the adoptive parents. After a match is made, pre-placement visits begin, allowing both the child and adoptive parents to build a bond.
Throughout this process, the Ministry remains involved to ensure the child’s best interests are prioritized.
If all parties are satisfied, the child is placed with the adoptive family. The adopting parents then submit a Notice of Placement, and after six months, they can apply to the British Columbia Supreme Court for an adoption order.
During this time, the Director retains legal guardianship.
Why is Hiring a British Columbia Adoption Lawyer Important?
For all types of adoptions, having a knowledgeable lawyer can streamline the process, ensuring all legal requirements are met and facilitating communication between everyone involved.
Contact the British Columbia Adoption Lawyers at Align Family Law Today
The adoption process in British Columbia is a rewarding journey that changes lives. Understanding the steps involved and having a supportive team by your side can make all the difference. At Align Family Law, we are dedicated to helping families navigate the adoption process with empathy and care.
If you are considering adoption or have questions about the process, contact us today.
Our team of adoption lawyers in Victoria, British Columbia, is here to provide the guidance you need, helping you create the family you’ve always dreamed of.
