A family law attorney in Ontario deals with many legal matters related to family life from marriage agreements and cohabitation agreements to the intricacies of separation and divorce. One matter you may not think about is adoption.

If you are considering adoption in Ontario, it’s a good idea to reach out to a family law attorney to help you navigate some of the complex legal issues that can arise during the adoption process.

Making the choice to become an adoptive parent is a big step, and the process of adoption can be challenging – particularly if you are considering an open adoption. A family law attorney in Ontario who understands both the provincial and federal laws and regulations can help guide you through the process of adoption and help set your family up to grow.

Who can Adopt in Ontario?

To adopt a child in Ontario:

• You must be a resident of Ontario

• You can be single or part of a couple

• You can be of any background, religion, ethnicity or sexual orientation.

Key considerations are if you can provide the child with a secure and nurturing home environment, that you are ready to take on the long-term responsibilities of raising a child, and that you are prepared for the process of adoption. 

The preparation to be declared “ready to adopt” can take up to a year, and then you can be matched with a child within a few months, or you may have to wait several more years to find a suitable match.

How Can I Adopt a Child in Ontario?

There are three main processes to adopt a child in Ontario: public adoption, private adoption and stepchild or relative adoption.

Public Adoption

Public adoptions when you adopt a child in the care of children’s aid societies. Very few of these children are infants. Many of them are older, and may have siblings who are also in society care.

If an Ontario court decides a child must be permanently removed from the care of their birth parents, the child may be placed in society care and may be eligible for adoption. Conversely, birth parents may also ask children’s aid societies to make adoption plans for their children.

There is no cost for parents to go through a public adoption process with a children's aid society.

Private Adoption

A private domestic adoption is an adoption of a child in Canada that is facilitated by a licensed adoption agency or individual. There are relatively few children available for private adoption compared to the number of families wishing to adopt, so the process may take more time than a public adoption.

Just like with public adoption, you will be assessed for your readiness to raise an adopted child.

Costs of a private adoption can range from $15,000 - $30,000.

Stepchild or Relative Adoption

The process of adopting a stepchild or relative (like a niece, nephew, or grandchild) in Ontario is a relatively simpler process. The process can be completed directly through the court and you do not require any adoption agency or children’s aid society to assist you. 

You may need the assistance of a family law attorney in Ontario to complete the adoption process, but you will not need an adoption assessment unless the judge requires it.

However, if your relative lives outside of Canada, you will need to follow the same processes as an international adoption.

Closed vs. Open Adoptions

When you pursue a public or private adoption, there may also be considerations on whether the adoption will be open or closed.

• In a closed adoption, records are sealed, and there is no contact between the birth parents and the child or adoptive parents.

• In an open adoption, the child (and adoptive parents) maintains some form of contact with the birth parents.

While in the past the majority of adoptions were closed, most adoptions today are open, helping ensure the adopted child has access to their community, culture, and medical history.

Contact Sutherland Law When You Need a Family Law Attorney in Ontario

If you are considering adoption, and want some legal advice, reach out to the family law team at Sutherland Law for help. Our team has expertise in all areas of family law, including separation and divorce, marriage agreements, property division, and adoption. We can also help you update your wills and trusts upon adoption of a child. Contact Sutherland Law today to speak to one of our experienced family law attorneys.