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Home > About Adoption > Relative/Step-Parent

Frequently Asked Questions About Relative And Step-Parent Adoption

What is the process for adoption by stepparents?
What sort of involvement is required by the children in this process?
What is the Birth Father Registry?
Where can I go for legal advice/assistance?
What about doing it on our own?
Are there any websites or other information I should be aware of?


 

What is the process for adoption by relatives and 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.

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What sort of involvement is required by the children in this process?

For 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 by a licensed adoption agency, is employed by 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.

For children 12 years of age and 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 his/her consent to the adoption at any time before the adoption order is granted.

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What is the Birth Father Registry?

The Birth Father Registry must be searched in all cases in which 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.

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Where can I go for 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.

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What about doing it on our own?

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.
*Note: The Supreme Court will not mail out these packages. You must go and pick one up in person.

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.

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Are there any websites or other information I should be aware of?

The Law Foundation of British Columbia
1340 – 605 Robson Street
Vancouver, BC  V6B 5J3  Canada
Telephone:  604-688-2337
Fax:  604-688-4586
Email:  lfbc@tlfbc.org

BC Stepparents Association
If you:

  • want more information about the support groups?
  • want to get involved with BC Stepparents Association?
  • have any questions/comments?

Call 604-669-1616 or 604-727-3706 or e-mail bcstepparents@yahoo.com or bcstepparents@shaw.ca. When leaving a message or sending an email to BC Stepparents Association, provide your name and phone number, and specify that you wish to contact the Stepparents Support Circle.

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