Types of Adoptions
In Alberta, adoptions are governed by Part 2 of the Child, Youth and Family Enhancement Act. Two types of adoptions that we can assist with at Shory Law, include:
- Private Adoptions; and
- Step-Parent Adoptions.
Private Adoptions include licensed adoption agency placements and direct placements. This happens when a parent directly places their child for adoption with the adoptive parents. In a direct placement adoption, the biological parents are free to decide the family most appropriate to act as parents for their child.
Alberta’s laws set out the steps for adopting a spouse’s child or of a child who is placed by a parent directly in the applicant’s custody.
A step-parent, or his or her lawyer, must file an application for adoption. This application usually includes additional documentation, such as:
- The Affidavit of Applicant;
- Consent of the Child’s guardians or a request to dispense with one or more consents;
- A medical history of the Child’s biological parent; and
- A criminal record check for the Applicant.
If required, after documentation is submitted, an adoption hearing is scheduled and is conducted in private. The parties involved and children (if they are 12 years of age and older) are entitled to be heard in person. If an application is unopposed, then the matter is dealt with based on the documents filed with the Court. If an application is opposed, then a date is set for oral evidence to be heard.
Effect of Adoption
After a child is officially adopted, the adopting parent becomes the parent and guardian of the adopted child. An adopted child stops being the child of his or her previous parents, whether they were his or her biological parents or prior adoptive parents. At the same time, the previous parents are no longer the child’s parents and guardians. However, this will not apply to the parent who is the spouse of the adoptive parent in a step-parent adoption.
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What are the requirements to adopt a child?
In all adoption cases, the person who wants to adopt a child has to apply to court to become the child’s legal parent. For private adoptions in Alberta, four requirements that exist for an individual to adopt a child include: (1) the person adopting must be at least 18 years old, (2) the person adopting must be an Albertan resident, (3) the person’s home must be stable, and (4) the person adopting must demonstrate financial stability.
What are 4 types of adoption?
The 4 types of adoptions are (1) Ministry of Children’s Services adoptions, (2) Private Adoptions, (3) Inter-Country Adoptions, and (4) Step-Parent Adoptions.
Can a biological mother or father stop an adoption?
During the adoption process, and depending on the type of adoption application, the biological mother or father may contest or refuse to consent to an adoption. Depending on the circumstances, for example if the mother or father posed a danger to the child being adopted, or if the mother or father has not been in the child’s life in a meaningful way, the parent’s decision to contest an application may be overlooked.