An adoption is the legal  transfer of rights and responsibilities from a birth parent to an adoptive parent through a court proceeding where a judge has determined that an Order of Adoption is in the best interests of the child.

There are five different types of adoption:

Independent or Private Adoptions;
Step-Parent Adoptions;
Adult Adoptions;
Inter-Country Adoptions; and
Permanent Ward Adoptions.

An Independent Adoption  occurs when there has been a private arrangement between birth parents and another individual, such as a friend or relative, in which the individual chooses to adopt the birth parents’ child.

In order to adopt a child through an Independent Adoption, the follow steps must be satisfied:

The birth parents must first decide that they wish for their child to be adopted. Once this has been decided, the birth parents must choose the individual they wish to adopt their child.

The birth parents notify the individual they wish to adopt their child of their decision. If the individual, or “adoptive applicant”, accepts and wishes to adopt the child, the adoptive applicant typically hires a lawyer to assist with them with the Independent Adoption.

The birth parents are required to contact the Saskatchewan Ministry of Social Services to complete counselling prior to moving forward in the Independent Adoption process. The birth parents can expect the following to be discussed during a counselling session with the Ministry of Social Services:

• the possibility of obtaining financial support from the other birth parent;
• the possibility of parenting the child with the assistance of relatives, the other birth parent, the Ministry of Social Services, or another source;
• the option to explore Income Assistance, including services such as medical coverage;
• the possibility of voluntary, short-term committal of the child through the Ministry of Social Services (this can provide time for the birth parents to prepare a suitable parenting plan); and
  Post-Adoption Registry Services.

If the birth parents wish to proceed with the Independent Adoption after counselling is complete, the birth parents will receive a “Certificate of Counselling.”

The birth parents will meet with a lawyer, different than the lawyer retained by the adoptive applicant, to obtain independent legal advice and sign their consent to the adoption. Birth parents are unable to provide written consent to an Independent Adoption until at least 72 hours after the child is born.

If one birth parent does not consent to the Independent Adoption, the Independent Adoption cannot occur unless a Court has made an order to dispense with that birth parent’s consent.

After each birth parent has provided written consent to the Independent Adoption, the birth parents meet with a Ministry of Social Services worker to obtain a “Certificate of Independent Advice.” During this meeting, birth parents can expect to discuss the following with the worker:

• revocation of their consent to the Independent Adoption;
• the effect of an Order of Adoption; and
• the right of a birth parent to inquire with the Ministry of Social Services to determine whether or not the child has been adopted.
• If the child is over 12 years old, the child must also consent to the Independent Adoption. Typically, the child will obtain independent legal advice.

Once the above is complete, an application may be made to the court for an Order of Adoption. The court would then review the matter and either grant or deny the request for an Order of Adoption.

In order to adopt a child through a Step-Parent Adoption, the following steps must be satisfied:

• The step-parent must decide that they wish to adopt the child. The step-parent’s partner or spouse, who is the birth parent of the child, must consent to the Step-Parent Adoption in writing. Typically, the step-parent will hire a lawyer to assist with the process.
• The other birth parent is then informed that the step-parent wishes to adopt the child and that an application for adoption will be made.
• The other birth parent’s written consent is required for the Step-Parent Adoption to be approved, unless a Court has made an Order dispensing with their consent. The other birth parent must also obtain independent legal
  advice prior to providing their written consent. The other birth parent can revoke their consent to the Step-Parent Adoption within 21 calendar days from the day they provide written consent. If the other birth parent does not consent to the Step-Parent Adoption, they can appear in Court to advise why the Step-Parent Adoption should not be granted.
• If the other birth parent is deceased, a copy of that birth parent’s death certificate is required in lieu of their written consent.
• If the child is over 12 years old, the child must also consent to the Step-Parent Adoption. Typically, the child will obtain independent legal advice.

Once the above is complete, an application may be made to the court for an Order of Adoption. The court would then review the matter and either grant or deny the request for an Order of Adoption.

An Adult Adoption is the process in which an individual adopts someone over 18 years old. The only consent required for an Adult Adoption is the consent of the individual being adopted.

In order to obtain an Adult Adoption, the following steps must be satisfied:

• The adoptive applicants decide, together, that one wishes to adopt the other. Typically, the adoptive applicants hire a lawyer to assist with the process.
• The person who wishes to be adopted must provide their written consent, unless a Court has dispensed with the requirement of their consent. The birth parent’s consent is not required.
• The adoptive applicants prepare affidavits stating why they believe the Adult Adoption should occur.

Once the above is complete, an application may be made to the court for an Order of Adoption. The court would then review the matter and either grant or deny the request for an Order of Adoption.

An Inter-Country Adoption  occurs when a Canadian wishes to adopt a child from another country. You must obtain the Ministry of Social Service’s approval to proceed with an Inter-Country Adoption.

Please contact W Law LLP for more information on Inter-Country Adoptions.

If the other birth parent  does not consent to the adoption, the adoption cannot occur unless a court makes an order to dispense with the other birth parent’s consent. You would have to make a court application, asking the court for an order to this effect.

If the court grants your request for an order dispensing with the other birth parent’s consent, the other birth parent has 30 days to appeal the order. You may process with the application for adoption once the 30 days have elapsed and if no appeal has been made.

Birth parents can withdraw  their consent to an adoption within 21 calendar days from the day they provide written consent. If a birth parent wishes to withdraw their consent, they must do so in writing and provide their written withdrawal to the Director of Adoption Services within the 21-day period.

If a birth parent has withdrawn their consent within the required time period, the adoption cannot proceed, unless there has been an order of the court dispensing with that birth parent’s consent.