Interprovincial Adoption

It is not uncommon for Children’s Aid Societies to seek out an adoption placement for a child in the society’s care with kin who reside in another province in Canada, and there is a protocol which provincial authorities should follow to facilitate such a placement.

In the case of a child not in the care of a protection agency in another province, subject to any restrictions in the province where a child resides, Ontario law does permit a child to be brought into Ontario from another province in Canada, or to be sent out of Ontario to be placed for purposes of adoption, with a defined relative (grandparent, aunt, uncle, great-aunt or uncle), without the involvement of a society or licensee in Ontario, and without Ministry approval, homestudy etc.

Other placements of unrelated children ( not in the care of a protection agency), from another province of Canada into Ontario may be possible, provided that the law of the province where the child resides does not prohibit such a placement, and provided that all of the requirements of a private domestic adoption in Ontario are met, with the additional requirement that the licensee must obtain a licence term permitting the facilitation of an adoption from the specific province. The requirements and restrictions of each province in relation to an interprovincial adoption must be honoured before the Ministry will approve the bringing of the child into Ontario. Because the courts of most provinces can only grant an adoption in favour of residents of the province, such an adoption will normally be finalized by the Ontario court. Ontario law also contemplates the sending of an unrelated child to be placed for adoption in another province of Canada, provided that all of the usual requirements of a private domestic adoption are met, in addition to further requirements specific to interprovincial placement.

ABOUT THE AUTHOR

For more than 35 years, Cheryl Appell has represented and advised adoptive parents and biological parents, as well as adoption agencies and licensees, in relation to adoption proceedings and has been an adoption licensee in Ontario.

Phone: 416.927.0891 ext. 122
Email: appell@dicksonappell.com