Adoption Process in BC

Making the decision to adopt is a life-changing commitment and can profoundly impact the lives of both children and adoptive parents. While adoption is often a deeply rewarding experience, the process in British Columbia involves numerous procedural and legal requirements that can feel overwhelming at times.

In this blog, we aim to provide a general overview of the steps involved in adoption within BC, helping prospective parents better understand what to expect along the way. From initial inquiries to final legal approvals, we’ll walk you through the key stages of the journey.

Adoption in British Columbia is governed by the Adoption Act, R.S.B.C. 1996, c. 5, with the purpose of providing new and permanent family ties through adoption, giving paramount consideration in every respect to the child’s best interests. If after reading this post you have any further questions, please do not hesitate to reach out to a member of our team here.

Types of Adoptions in BC:

1.      Adopting from Foster Care

When adopting a child from BC Foster Care, you are adopting a child who is in permanent care of the provincial government. Children in Foster Care available for adoption are typically 6 years and older. If the child has a sibling, it is encouraged to adopt both siblings.

2.      Infant Adoption

Infants are generally placed with licensed adoption agencies and not with the provincial government. There are two different ways to adopt an infant in BC:

a)      Agency placement: birth parents place the child with an agency until they find an appropriate adoptive family

b)     Direct placement: birth parents work with an agency to place the child with someone they know who is not a relative. Birth parents and adoptive parents have joint guardianship until the order is granted.  

3.      Adopting a relative or stepchild

A birth parent can ask a relative to adopt their child, or a parent can adopt their stepchild.

An adoptive parent can choose to adopt a child from outside of Canada. Most inter-country adoptions are completed through a licensed adoption agency in BC, and Immigration Refugees and Citizenship Canada makes the final decision.

4.      Adopting Aboriginal Children

When adopting an aboriginal child, there are special considerations such as ensuring the child is placed with an Aboriginal family whenever possible.

5.      Adopting Adult Children

An adoptive parent can adopt a child over the age of the majority (19) with the consent of the person being adopted so long as the child lived with the applicant as a member of the family until they became self-supporting or reached the age of majority.

Who can Adopt? What are the eligibility criteria and legal requirements?

In BC, there are certain criteria and legal requirements a parent must meet before being able to adopt a child:

1.      They must be a BC Resident of a minimum of 6 months;

2.      They must be at least 19 years old;

3.      Any one adult or two adults jointly may apply. If there are two adults applying, they do not have to be in a spousal relationship. However, the child must live with the applicants for at least 6 months prior to the adoption hearing, which presupposes that the adults live together;

4.      The applicants must demonstrate both emotional and financial stability, as well as the ability to provide a loving, caring, and nurturing home environment;

5.      The applicant must provide a successful and compliant criminal record check;

6.      The applicants must complete a mandatory adoption education program; and

7.      There will be comprehensive home study assessments completed by the Ministry of Child and Family Development (the “MCFD”) or a licensed adoption agency, to gain an understanding of the applicant’s living environment, ability to raise a child, and personal background.

Steps in the Adoption Process

1.      Application

The first formal step is submitting an application to either the MCFD or a licensed adoption agency. This initiates your journey toward becoming an adoptive parent.

2.      Training and Education

All prospective adoptive parents are required to complete an adoption education program. This training provides essential information about the adoption process, potential challenges, and the lifelong impact of adoption on both children and families.

3.      Home Study Assessment

A comprehensive home study is conducted by a licensed social worker. This includes interviews, reference checks, and personal assessments, resulting in a detailed report that evaluates your readiness to adopt and helps guide the matching process.

4.      Matching and Placement

Once your home study is approved, the matching process begins. MCFD or the adoption agency will work with you to find the most suitable match, considering the needs of the child and the strengths of your family. Once a match is made, the child is placed in your home.

5.      Post-Placement Supervision

After placement, a period of supervision follows. A social worker or agency representative will visit regularly to support the family, assess how the placement is progressing, and ensure the child is adjusting well.

6.      Finalization

If the post-placement period is successful and all parties agree that the placement is in the child’s best interest, the adoption can be legally finalized through the British Columbia court system. This final step secures full parental rights and responsibilities for the adoptive parents.

Other Considerations

1.      Best Interest of the Child

As with all matters pertaining to children in BC, the paramount concern during the adoption process is the best interest of the child.  Sections 2 & 3 of the Adoption Act require the court to consider best interest of the child, including:

a.      the child’s safety;

b.     the child’s physical and emotional needs and level of development;

c.      the importance of continuity in the child’s care;

d.     the importance to the child’s development of having a positive relationship with a parent and a secure place as a member of a family;

e.      the quality of the relationship the child has with a parent or other individual and the effect of maintaining that relationship;

f.        the child’s cultural, racial, linguistic, and religious heritage;

g.      the child’s views and preferences, without discrimination, including discrimination relating to Indigenous identity, race, colour, ancestry, place of origin, religion, family status, physical or mental disability, sex, sexual orientation, and gender identity or expression; and

h.      the effect on the child if there is a delay in making a decision.

Regarding Indigenous Children, there are additional considerations the court will look to when determining the child’s best interests and potentially making an adoption order. This is outlined in section 3.1 of the Adoption Act:

a.      cultural continuity, including the transmission of languages, cultures, practices, customs, traditions, ceremonies and knowledge of the child’s Indigenous community;

b.     the development of the child’s Indigenous cultural identity, including the child being able to practise the child’s Indigenous traditions, customs and language;

c.      the preservation of the child’s connections to the child’s Indigenous community and the region where the child's family and Indigenous community is located;

d.     the child being connected to family;

e.      any plans for the child’s care, including care in accordance with the customs and traditions of the child’s Indigenous community.

2.      Consent

S. 13 of the Adoption Act outlines that the following must consent to a child’s adoption:

·         S. 13(1) The consent of each of the following is required for a child’s adoption:

a.      the child, if 12 years of age or over;

b.     the child’s parents; and

c.      the child’s guardians.

·         Despite (1)(b), the consent of a biological father who is not presumed to be the child’s biological father under s. 26 of the Family Law Act, S.B.C. 2011, c. 25, is not required unless the biological father

a.      acknowledges that he is the child’s father, and

b.     is named by the child’s birth mother as the child’s father.

·         If the child is in the continuing custody of a director of child protection, or a director of child protection is the child’s personal guardian under s. 51 of the Infants Act, the only consent required are:

a.      the director of child protections’ consent, and

b.     the child’s consent, if the child is 12 years of age or over

3. Legal Implications

When you adopt a child, you obtain all the parental and guardianship rights of that child, and all parental and guardianship rights of the previous parent(s) and guardian(s) are terminated. You therefore have all the obligations of a parent and guardian to care for the child.

Once you adopt a child, you may also apply to change the child’s given or family names. Consent is required if the child is 12 years of age or older, and the child’s views are considered if the child is between 7 and 12 years of age.

Is legal guidance necessary?

Because the adoption process consists of many different moving parts and complex features, having an experienced legal professional can help ensure that the adoption process is smooth and provides prospective parents with tailored assistance. We recommend hiring a lawyer to assist in the adoption process to provide legal advice at different stages of the process, ensuring all necessary steps are taken, and prepare and file necessary documents with the court.

Frequently Asked Questions (FAQ)

1. How long does the adoption process take in BC?

Timelines vary depending on the type of adoption and availability of a suitable match, but the process can take anywhere from several months to a few years.

2. Do I need to be married to adopt?

No. Any adult 19 or older who has lived in BC for at least six months may apply. Two adults may also apply jointly, regardless of whether they are in a spousal relationship.

3. What is the purpose of the home study?

The home study helps determine your readiness to adopt and ensures a safe, supportive environment for the child. It includes interviews, background checks, and an assessment of your home.

4. What is the difference between guardianship and adoption?

Guardianship grants responsibility for the care and decision-making of a child, but biological parents may retain certain rights. Adoption permanently transfers all parental and guardianship rights to the adoptive parent(s), fully establishing the child as a legal member of their family.

5. Do children need to consent to their adoption?

Yes. Children 12 and older must provide consent. Additional consents may be required from parents or guardians depending on the circumstances.

6. Are there special considerations for adopting Indigenous children?

Yes. The Adoption Act places strong emphasis on cultural continuity and maintaining the child’s connection to their Indigenous community, identity, and family.

7. Is hiring a lawyer necessary?

While not mandatory, legal guidance can help ensure the process is smooth and compliant, particularly when preparing documents and finalizing the adoption in court.

Conclusion

If you are considering adoption or have questions about how to begin, please don’t hesitate to contact a member of our team here. We are here to guide you with compassion, clarity, and legal expertise every step of the way.