Many people become close with their long-term partner’s family and their children, often to the point where they want to become another parent to the children. What if you want to make it official and adopt your partner’s children? Continue reading to find out what you need to do to adopt a step-child and important things you should be aware of if you adopt a step-child.
Can you adopt your partner’s child if you are a step-parent? Yes, if a child is related to you by marriage or is the child of your partner, you can apply to adopt their child. You can apply alone or you can apply jointly with your partner to become a parent of the child. You must be a resident of British Columbia to apply to adopt your step-child. In order to adopt your step-child, you need to apply to the Court, and you need to follow certain legal requirements.
What are the legal requirements for adopting a step-child? The Adoption Act sets out the legal requirements for adopting a step-child. The Court considers the best interests of the child when deciding whether to grant the adoption. Section 3 of the Adoption Act states the following:
- the child’s safety;
- the child’s physical and emotional needs and level of development;
- the importance of continuity in the child’s care;
- the importance to the child’s development of having a positive relationship with a parent and a secure place in a family;
- the quality of the relationship the child has with a parent or other individual and the effect of maintaining that relationship;
- the child’s cultural, racial, linguistic and religious heritage;
- 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;
- the effect on the child if there is delay in making a decision.
Do You Need an Agreement before Adopting a Step-Child? You will need to obtain consent from the relevant individuals before you can adopt the child. Section 13 of the Adopt Act states that the following individuals must consent to a child’s adoption: the child, if 12 years of age or over; the child’s parents; and the child’s guardians. Such consent needs to be documented in the proper prescribed forms required under the Adoption Act.
Do You Need any Reports prior to Applying for Adoption? Before applying to Court for an adoption order, if the child is at least 7 years old and less then 12 years old, you need to arrange for an authorized individual to prepare a report regarding the child’s understanding of what adoption means and the child’s views on the proposed adoption and any proposed change to the child’s name. The Court will consider this report when deciding whether to grant an adoption.
Who Should be Notified Regarding Adoption? There are also certain people you need to give notice to before setting a hearing for an application for an adoption order in British Columbia. Specifically, a written notice must be given to any person who, by court order or enforceable agreement, has contact with the child or access to the child. Finally, there are various documents that need to be prepared and filed with the Court in order to set a date for hearing of an application for an adoption order, and before the Court will make an adoption order.
What if the child’s other parent(s) does not give consent to you adopting their child? There are certain circumstances when the Court can disregard the biological parent’s disagreement to adoption pursuant to Section 13 of the Adoption Act. Additionally, if the Court is satisfied that the person whose consent is to be dispensed with: has abandoned or deserted the child, has not made reasonable efforts to meet their parental obligations to the child, or is not capable of caring for the child, or if there are other circumstances justifying dispensing with the consent, the Court may choose to do so.
If the other parent is refusing to agree to you adopting your partner’s child, you will need to prove to the Court that it is best for the child that the court dispenses with the refusal. Provide sufficient evidence to support your claims that the above circumstances have been met, warranting the dispensing of the other parent’s consent. This is not necessarily an easy case to prove.
Asking the Court to Ignore Disagreement from the Other Parent In British Columbia Birth Registration No. 2004-59-020158 (Re) [2014 BCCA 137], the British Columbia Court of Appeal considered whether to dispense with the mother’s consent to the mother’s new spouse adopting the child of the marriage. The parents had previously entered into a separation agreement that provided the mother with sole custody of the child and granted the father reasonable access. The lower Court dismissed the application for the mother’s new spouse to adopt the child and instead appointed the new spouse as a guardian of the child along with the Mother.