Authors: Carlynn Block and Kennedy Buchanan
Adoption is the legal transfer of parental rights and responsibilities from a birth parent to an adoptive parent. Every adoption must be approved by the court and a judge must be satisfied that the adoption is in the best interests of the child. In Saskatchewan, adoptions are governed primarily by The Adoption Act, 1998 and The Adoption Regulations, 2003.
What types of adoption are available in Saskatchewan?
There are four primary types of adoption recognized in Saskatchewan:
- Independent Adoptions (sometimes called a private adoption);
- Step-parent Adoptions;
- Adult Adoptions; and
- Intercountry Adoptions.
Each type of adoption serves a different purpose and requires distinct legal requirements. An application to the Saskatchewan Court of King’s Bench is necessary to obtain an order of adoption, regardless of the type of adoption.
Independent Adoptions in Saskatchewan
An independent adoption occurs when birth parents choose someone they know, such as a friend or family member, to adopt their child. Unlike adoptions involving children in the care of the Government of Saskatchewan, through the Ministry of Social Services, these arrangements are made privately between the birth parents and prospective adoptive parents. The process involves several important safeguards to ensure all parties understand the legal consequences of adoption.
Birth parents must receive counselling through the Ministry of Social Services before providing consent. The counselling process explores available parenting supports, financial assistance options, alternatives to adoption, and post-adoption services. Birth parents must also obtain independent legal advice before signing their consent and consent cannot be given until at least 72 hours after the child is born.
Independent adoptions also require a home study of the prospective adoptive parents.
Step-parent Adoptions in Saskatchewan
Step-parent adoption is one of the most common forms of adoption in Saskatoon and throughout Saskatchewan. This type of adoption occurs when a person wishes to adopt the child of their spouse or partner. Unlike independent adoptions, a home study is generally not required for a step-parent adoption unless the court specifically orders one.
The applicant’s spouse or partner, being the birth parent of the child, must consent to the application. The other birth parent must be notified of the application for adoption and provide their consent to the adoption as well; however, if the other birth parent is deceased, a copy of that parent’s death certificate must be provided to the court in place of that parent’s consent.
Adult Adoptions in Saskatchewan
Adult adoptions allow a person over the age of 18 to become the legal child of another individual. These applications are often brought to formalize an existing parent-child relationship that developed over many years. The process is generally simpler than other adoption proceedings, as no home study is required and the only consent required is that of the adult being adopted and the adult applying to adopt. Birth parent consent is not necessary. The adoptee may withdraw their consent at any time before the court grants the adoption order.
With the adult application, the adult child and applicant adult will typically provide affidavits for the court’s consideration explaining why they believe the adoption should proceed. The court must then determine whether granting the adoption is appropriate.
Intercountry Adoptions in Saskatchewan
Intercountry adoptions involve the adoption of a child under 18 years of age from outside Canada. These adoptions are often significantly more complex because they involve Saskatchewan law as well as the laws of the child’s country of origin. In Saskatchewan, the Ministry of Social Services acts as the Central Authority under the Hague Convention and plays a significant role in approving and monitoring the process. Prospective adoptive parents must be approved before proceeding with an adoption plan and before a child can be placed in their home. In most cases, the adoption itself is finalized in the child’s country of origin in accordance with that country’s legal requirements. Adoption agencies frequently assist families throughout the process and coordinate with foreign authorities.
Frequently Asked Questions
What happens if the other birth parent does not consent to a step-parent adoption?
A lack of consent will not always prevent a step-parent adoption. The court may dispense with the other parent’s consent if it is satisfied that doing so is in the child’s best interests. The non-consenting parent must be given notice of the application and an opportunity to appear before the court and respond to the application. If consent is dispensed with, that parent generally has 30 days to appeal the decision.
Can a birth parent change their mind to the consent of an independent or step-parent adoption?
Yes. Saskatchewan law allows birth parents to revoke their consent within 21 days of signing it. If the parents signed on different dates, the 21-day period begins from the date the second parent signed. Any revocation must be made in writing and provided to the Director of Adoption Services within that time period.
Does the child need to consent to the adoption?
If the child is 12 years of age or older, the child must generally consent to the adoption after receiving independent legal advice.
What is the court’s primary consideration?
Although each type of adoption follows a different process, one principle remains consistent across all adoption applications in Saskatchewan. The court’s primary consideration is the best interests of the child. Before issuing an Order of Adoption, a judge must be satisfied that the adoption promotes the child’s welfare, stability, and long-term interests.
Need Advice About Adoption in Saskatoon or Saskatchewan?
Adoption can be a rewarding way to build or formalize a family relationship, but the legal requirements can be complex. Whether you are considering an independent adoption, step-parent adoption, adult adoption, or intercountry adoption, obtaining legal advice early in the process can help ensure that all legislative requirements are met and that your application proceeds as smoothly as possible.
If you have questions about adoption in Saskatoon or anywhere in Saskatchewan, our Adoption Law Team can help you understand your rights, obligations, and options, and assist you through the legal process.
This article is intended for general informational purposes only and should not be taken as legal advice. It does not address the specific circumstances of any individual case and is not a substitute for obtaining advice from a qualified lawyer. Reading this article does not create a solicitor-client relationship, and you are encouraged to consult legal counsel before making any decisions regarding your legal rights or obligations.
