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Adopting a relative in Ontario, such as a niece, nephew, or grandchild, can be a profoundly rewarding experience. Taking on responsibility for a family member allows families to provide a stable and loving environment for a child.
Let’s suppose you want to adopt a relative from Ontario. When adopting a relative, it’s important to understand the legal framework that governs adoption (i.e., it’s not enough to take them into your care simply) and its legal implications.
This blog post will examine eligibility requirements, legal procedures, and the potential impacts on the child and adoptive parents.
What is Relative Adoption?
Relative adoption (also known as “kinship adoption”) refers to scenarios where a child is adopted who is related to the adoptive parents by blood or marriage. These types of adoptions can happen in various circumstances and may involve the child’s grandparents, aunts, uncles, or siblings adopting the child. The motivation behind these adoptions often centres on providing a familiar and stable environment for the child, preserving familial bonds, and ensuring the child benefits from cultural and familial continuity.
The Legal Framework for Relative Adoption in Ontario
Adoption in Ontario is governed by the Child, Youth and Family Services Act, 2017, S.O. 2017, c 14, Sched. 1. It’s important to note from the outset that the process for adopting a birth relative differs significantly from other adoption cases where an individual or couple intends to adopt a child that they are not related to.
Eligibility to Adopt a Relative in Ontario
To be eligible to adopt in Ontario, you must be 18 or older and a resident of Ontario. Depending on the adoption’s circumstances, you may be required to meet other requirements, like proving that your home meets certain safety requirements.
Relative Adoption in Ontario
Adopting a relative who resides in Ontario is relatively straightforward. If you are a step-parent or other close relative, you can obtain a relative adoption order by applying to an Ontario court. You will not require the intervention of an adoption agency unless the court otherwise orders it.
However, the adoption process becomes more complicated when the child is outside Ontario.
Adopting a Relative from Outside Canada
If you intend to adopt a relative who lives outside Canada, you will need to follow the same process that an adoptive parent is required to follow for any international adoption.
Individuals or couples seeking to adopt a relative who lives outside of Canada will need to follow the steps outlined below:
- Contact an agency or individual licensed to facilitate intercountry adoptions and enter into a service agreement;
- Find a private adoption practitioner in Ontario who can assist with the required home study and training aspects of international adoption;
- Complete the Structured Analysis Family Evaluation homestudy, which assesses your capacity to raise an adopted child and evaluates the suitability of your home environment;
- Follow the steps required by the relative’s country of origin for adoption, including obtaining immigration clearance documentation for the child to enter Canada.
Adopting a relative outside Canada can be complicated, lengthy, and expensive. To learn more about international adoptions, read the Ontario government’s guide on International adoptions in Ontario.
What Factors Will The Court Consider for an Adoption?
Though relative adoptions in Ontario tend to be fairly straightforward, this isn’t always the case. For example, other family members may have differing opinions about who is in the best position to care for the child in question, or perhaps the child has differing opinions regarding who they wish to reside with.
Beyond meeting the eligibility requirements for adoption, the court will also consider factors such as whether the adoption is in the child’s best interest, whether there is any risk of harm or neglect if the relative adoption proceeds, and whether any significant disruption to the child’s life will occur due to the relative adoption.
When Does a Relative Adoption Become Permanent?
A relative adoption becomes permanent when it is “finalized.” Usually, this happens when a judge signs an adoption order, and the adoptive parents become the child’s legal parents. In the case of a relative adoption in Ontario, this can happen when the court approves the applicants’ application to adopt the relative. However, in the case of an international relative adoption, the process may take longer to finalize.
What is the Effect of a Relative Adoption?
After finalizing a relative adoption, the adopter or adopters obtain all of the rights and responsibilities of a parent to their natural child. Likewise, the child obtains all their rights and responsibilities from their parents.
Tips for Relative Adoption in Ontario
Relative adoption should never be taken lightly, regardless of your relationship with the child. For example, relative adoption may mean that you are required to navigate complex family dynamics or deal with emotional challenges arising from the change in parental roles.
At the same time, relative adoption can be an incredibly rewarding experience and ensure that the adopted child or children can maintain familial bonds and thrive despite their change in circumstances. Consider the following tips when navigating the relative adoption process and adjusting to your new family dynamics:
- Prioritize the child’s needs: Providing a loving and stable environment is essential. At the end of the day, focus on what will ultimately be in the child’s best interests and whether relative adoption will help fulfil those needs.
- Communicate openly: Every relative adoption situation is different. However, maintain open and honest communication with all family members involved if appropriate.
- Develop a strong support system: As the saying goes, “It takes a village to raise a child.” Build a strong support system involving family, friends, and professional services to help aid in the relative adoption process and the subsequent transition.
- Leverage professional guidance: Many resources are available during the adoption process beyond family and friends, including legal and social services professionals who can help you. Be sure to speak with an experienced family law lawyer for more information on the adoption process and help navigating the applicable laws.
Contact Johnson Family Lawyers in Windsor for Comprehensive and Compassionate Family Law Advice
At Johnson Miller Family Lawyers, our experienced family law and divorce lawyers are committed to guiding clients through the complexities of family law. We ensure our clients fully understand their rights, obligations, and options, empowering them to make the best decisions for themselves and their families. Our firm offers honest, practical legal advice to protect our clients’ interests while avoiding unnecessary and costly conflicts. To schedule a confidential consultation about your family law matter, please call 519-973-1500 or visit us online.
