The adoption process in Alberta is a comprehensive and meticulous procedure designed to safeguard children’s best interests. With a significant number of adoption orders granted in the province each year, it is evident that adoption plays a crucial role in family law.
Alberta offers various avenues for adoption, including government care, private adoption, and international adoption. Each avenue has its own specific requirements and processes.
Prospective adoptive parents must thoroughly understand the legalities and obligations involved in adoption cases. Seeking guidance from experienced family lawyers, such as those at Spectrum Family Law in Edmonton and Calgary, can provide the necessary support throughout the adoption journey.
This article aims to provide a general overview of the adoption process in Alberta and should not be considered legal advice, as each adoption case is unique.
Key Takeaways
- Adoption in Alberta requires extensive documentation and evidence to demonstrate the child’s best interest.
- Adoption can occur through government care, private adoption, or international adoption in Alberta.
- The legal process of adopting stepchildren in Alberta involves a court application governed by the Alberta Court of King’s Bench.
- Adoption cases typically require an extensive list of documents, including intervention record checks and security clearance checks.
Overview of Adopting a Child in Alberta
When considering adopting a child in Alberta, it is important to understand the overall process and requirements. The Child, Youth and Family Enhancement Act authorizes adoptions and details the adoption process. Adoption in Alberta can occur through government care, private adoption, or international adoption. Government care involves placing children with special needs under the permanent care of Children’s Services. Private adoption, on the other hand, involves a child being placed into care by a licensed adoption agency or by the child’s parents. In both cases, it is crucial to notify the Director of Children’s Services within 30 days.
The adoption process in Alberta requires extensive documentation and evidence to demonstrate the child’s best interest. This includes intervention record checks, security clearance checks, references, medical documents, financial statements, and personal legal documents. It is important to note that adoption is not free, with administration and registration fees starting at $10,000, excluding legal fees. Applicants may also need to undergo formal training and seminars, incurring additional costs.
Seeking legal advice from a family lawyer is highly recommended throughout the adoption process. They can assist with filing applications, preparing affidavits, obtaining consent, and ensuring all legal documents are in order. Additionally, they can provide guidance and support to ensure that the adoption process proceeds smoothly and in accordance with the law.
Requirements you must meet before asking the Court for an Adoption Order
Before asking the Court for an adoption Order, there are five specific requirements that must be met in the adoption process in Alberta:
- The person applying for adoption must be an adult. This means that only individuals who have reached the age of majority can apply for adoption in Alberta.
- The adult person must be ordinarily resident in Alberta or was ordinarily resident in Alberta at the time the child was placed in their care. This requirement ensures that the applicant has a connection to the province and can provide a stable and suitable environment for the child.
- The child must be a Canadian citizen or a lawfully admitted permanent resident. This requirement ensures that the child has the necessary legal status to be eligible for adoption in Alberta.
- If the child is subject to a Permanent Guardianship Order (PGO) or Permanent Guardianship Agreement (PGA), the appeal period or revocation period must expire. This requirement ensures that the child’s legal status is finalized and that there are no pending legal challenges to the adoption.
- The period for revoking consent must be expired. This requirement ensures that the birth parents or legal guardians have given their consent to the adoption and have had sufficient time to reconsider their decision.
Meeting these requirements is essential before proceeding with a court application for an adoption order in Alberta. It ensures that the child’s best interests are protected and that the adoption process can proceed smoothly.
Different processes for adopting a child in Alberta
There are four distinct processes for adopting a child in Alberta. These processes include Ministry of Children’s Services adoptions, private adoptions, inter-country adoptions, and step-parent adoptions.
- Private adoptions occur when a child is placed into care by a licensed adoption agency or by the child’s birth parents.
- Ministry of Children’s Services adoptions involve children who are under the permanent care of Children’s Services due to special needs.
- In inter-country adoptions, children are adopted from a foreign country.
- Lastly, step-parent adoptions involve a spouse or common-law spouse of a parent wishing to adopt their child.
In licensed adoptions, where the child is placed into care by a licensed adoption agency or by the child’s birth parents, the process involves notifying the Director of Children’s Services within 30 days, obtaining written consent from the birth parents, and completing a home assessment report.
On the other hand, step-parent adoptions require written consent from the spouse, interim joint guardianship with the step-parent, and filing an adoption package after a waiting period of 10 days.
Costs to File for Adoption
The costs associated with filing for adoption in Alberta include fees for court documents, photocopying, obtaining documents, and serving documents. You will need to cover these fees regardless of if you choose to adopt through an agency or not. Agencies also charge fees for their services. It is important to note that these costs can vary depending on the specific adoption case.
Furthermore, there is also the cost of a home study, which is approximately $3,000. A home study is a crucial part of the adoption process as it assesses the suitability of the adoptive parents and their home environment.
Additionally, there will be legal fees involved in the adoption process. These fees cover drafting Court documents and attendance in Court, if necessary. It is important to consult with an experienced adoption lawyer to discuss your specific case and understand the legal fees involved.
How Long is the Adoption Process?
The adoption process in Alberta typically takes between two to six months. This timeframe encompasses the period from the start of the process until an adoption order is granted. However, the actual duration can be influenced by various factors.
The speed at which the prospective adoptive parents can complete their home study, as well as the circumstances surrounding the birth parents, can impact the overall timetable.
During the process, a Judge may grant the adoption order on the first attempt. However, in some cases, the Judge may request additional information, require a hearing, order a home study report, or even dismiss the application. In such situations, it is essential to have the guidance and support of experienced legal representatives specialized in adoptions in Alberta. They can help navigate the next steps and ensure compliance with any necessary requirements.
Documents Required for Adoptions
Applicants for adoption in Alberta must provide a comprehensive range of documents to support their case. The adoption process requires a thorough examination of the prospective adoptive parents and their ability to provide a safe and loving environment for the child. To ensure the best interest of the child, the following documents are commonly required:
- Intervention record check: This check is conducted to assess whether the prospective adoptive parents have a history of intervention with child welfare services or have been involved in any child protection proceedings.
- Security clearance check: This check is conducted to ensure the safety and well-being of the child. It involves assessing the criminal record and background of the prospective adoptive parents.
- References, medical documents, and financial statements: These documents provide information about prospective adoptive parents’ character, health, and financial stability. References may be required from individuals who can speak to the suitability of the applicants as parents. Medical documents help assess the physical and mental health of the applicants, while financial statements demonstrate their ability to provide for the child’s needs.
It is important to note that this list is not exhaustive, and the specific documents required may vary depending on the individual adoption case.
How Spectrum Lawyers in Calgary and Edmonton Can Help With Adoptions
Spectrum Lawyers in Calgary and Edmonton offer professional legal assistance and guidance for individuals seeking help with adoptions in Alberta. Whether it is an open, closed, public, or private adoption, their experienced adoption lawyers can provide the necessary support throughout the process. They have expertise in various types of adoptions, including those involving children in government care, older children, stepchildren, extended family members, nonrelatives, and same-sex couples.
One of the key ways Spectrum Lawyers can assist with adoptions is by ensuring that all the necessary legal documents are properly filed and prepared. This includes drafting and filing court applications, preparing affidavits, obtaining necessary consents, and handling any other required legal documentation. They can also guide individuals through the complex procedural requirements and timelines associated with the adoption process.
Furthermore, Spectrum Lawyers can provide advice and representation in legal matters pertaining to adoptions, such as negotiating adoption agreements, addressing any legal issues that may arise during the process, and advocating for the child’s best interests.
Frequently Asked Questions about Adoptions In Alberta
Frequently Asked Questions regarding adoptions in Alberta often revolve around the requirements and processes involved in adopting a child. Prospective adoptive parents commonly inquire about the necessary documents for an adoption application. These documents may include a marriage certificate for married couples, certified copies of divorce judgments and certificates of divorce for step-parent adoptions, certified copies of any orders or agreements related to the child, and supporting documents for children born outside of Canada, such as photocopies of birth certificates or other birth documents.
Another common question concerns the potential complications that may arise during the adoption process. Some of these complications include obtaining consent from the other biological parent, service of the adoption application, provisions in the Child, Youth and Family Enhancement Act to assist the court, determining the best interest of the child when consent or service is not possible, and directions provided by the court for a fair hearing in case of insufficient evidence.
Prospective adoptive parents also inquire about the costs involved in the adoption process. The costs depend on the type of adoption and any complications that may arise. For a step-parent adoption without complications, the estimated legal hours are approximately 10, with additional costs for drafting additional packages. Hard costs, such as filing fees and process server fees, are also involved.
It is important to note that these are just a few examples of frequently asked questions about adoptions in Alberta, and prospective adoptive parents should seek legal advice and guidance for their specific situation.
Conclusion
In conclusion, the adoption process in Alberta is a complex and rigorous procedure involving extensive documentation and evidence to ensure the child’s best interest.
It is important for prospective adoptive parents to understand the legalities and obligations involved in adoption cases. Seeking legal assistance from experienced family lawyers can provide the necessary guidance and support throughout the adoption journey.
Families can successfully navigate Alberta’s adoption process with the right knowledge and resources. Understanding the legal requirements, timelines, and steps involved is crucial for a smooth adoption journey. By staying informed and seeking guidance from experienced professionals, families can make decisions that align with the child’s best interests in Alberta. Providing a nurturing and supportive environment ensures that adopted children can thrive and feel secure in their new homes.
References
Child, Youth and Family Enhancement Act, RSA 2000, c C-12.
https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-c-12/211580/rsa-2000-c-c-12.html
Government of Alberta, “Private adoption” online: <https://www.alberta.ca/private-adoption>
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Harkeerat Singh
FAMILY LAWYER
Harkeerat is committed to providing personalized and effective legal solutions. He has handled all aspects of Family Law, including parenting, child support, spousal support, relocation, property division and child-related matters. He also has experience in Alternative Dispute Resolution including Mediation.
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