Adoptions in British Columbia (BC) are governed by the provincial Adoption Act, [RSBC 1996] Chapter 5, which provides new and permanent family ties and gives paramount consideration to the child’s best interests.

If you need to find an Adoption BC lawyer, then use our lawyer finder service.

Adopting a child can be a life-changing experience for both the adoptive parents and the child involved. The process of adoption in British Columbia is governed by the Adoption Act and is overseen by the Ministry of Children and Family Development. There are several different types of adoption, including domestic, international, and foster care adoption. Domestic adoption is the most common type, with 71% of adoptions in British Columbia being domestic.

Finding an Adoption Agency

The first step in adopting a child is to find a reputable adoption agency. In British Columbia, there are public and private adoption agencies available. Public adoption agencies are government-operated, while private agencies are operated by non-profit or for-profit organizations.

When selecting an adoption agency, it is essential to conduct thorough research to determine their reputation, fees, services, and experience in the type of adoption you are interested in.

Completing a Home Study

After selecting an adoption agency, the next step is to complete a home study. A home study is a comprehensive evaluation of the adoptive parents and their home environment. It is designed to ensure that the child’s best interests are being considered and that the adoptive parents are suitable candidates for adoption. The home study process can take several months to complete and involves several meetings with a social worker, background checks, references, and interviews.

Completing Adoption Education

Before adopting a child, prospective adoptive parents are required to complete adoption education in British Columbia. Adoption education is designed to prepare prospective adoptive parents for the challenges and responsibilities of parenting an adopted child. The education may be provided by the adoption agency or by a third-party provider.

Adoption education covers a range of topics, including attachment and bonding, trauma and loss, and cultural diversity. It may involve both classroom instruction and hands-on learning.

Matching with a Child

Once the home study and adoption education are complete, the next step is to be matched with a child. The MCFD maintains a registry of children available for adoption in British Columbia, and the matching process is typically overseen by them.

The MCFD works with the adoption agency to find a child who is a good match for the adoptive parents based on factors such as the child’s age, gender, and background. The matching process can take some time, as it is essential to find a child who is in need of a permanent home and a good match for the adoptive parents.

Finalizing the Adoption

Once the child has been matched with the adoptive parents, the final step is to finalize the adoption. Finalizing the adoption involves going to court to obtain a legal order that establishes the adoptive parents as the child’s legal parents. It is essential to consult with a lawyer who specializes in adoption to navigate the legal process of finalizing the adoption.

In conclusion, adopting a child in British Columbia involves finding a reputable adoption agency, completing a home study and adoption education, being matched with a child, and finalizing the adoption. Adoption is a rewarding experience that can provide a permanent home for a child in need.

Understanding the Adoption Process in BC

Section 37 of the Adoption Act states that when an adoption order is made, the child becomes the child of the adoptive parent.

The adoptive parent becomes the parent of the child and the parents cease to have any parental rights or obligations (including child support) with respect to the child, except a parent who remains a parent jointly with the adoptive parent.

The potential adoptive parent (the applicant) would have to commence a family law proceeding in the British Columbia Supreme Court, by filing a petition.

Section 13 of the Adoption Act states that the consent of each of the following persons is required for a child’s adoption:

The child, if 12 years of age or over;
The child’s parents;
The child’s guardians

Adoption BC Cases

Adoption is a topic that often tugs at the heartstrings, evoking stories of children in need and families coming together. British Columbia has been home to several high-profile adoption cases that have captured media and public attention.

One such case is that of Baby Veronica, a Cherokee girl at the center of a custody battle between her biological father and her adoptive parents. The case ultimately reached the Supreme Court of the United States, raising questions about the rights of biological parents in adoption cases and highlighting the importance of respecting Indigenous laws and traditions.

Killed by her adoptive mother

However, not all adoption cases have a happy ending. In 2009, Tamara Broomfield was killed by her adoptive mother, who had a history of mental illness. This tragic case sparked discussions around the importance of proper screening and support for adoptive parents, as well as the need for mental health resources for families in crisis.

Similarly, Katelynn Sampson’s case brought attention to the safety of children in foster care and the need for better oversight and support for caregivers. Katelynn had suffered abuse and neglect at the hands of her caregivers, who was eventually convicted of second-degree murder and sentenced to life in prison.

Ministry of Children and Family Development

Jesse and Keeshia’s case raised concerns about sibling separation in adoption and the role of the Ministry of Children and Family Development in making decisions about the placement of children. The public outcry eventually led to a reversal of the decision and the siblings were reunited with their grandmother.

Finally, the case of Michael and Roderick Blackstock highlighted the overrepresentation of Indigenous children in the child welfare system and the need for systemic change to ensure that Indigenous children can stay with their families and communities. The Blackstocks’ human rights complaint against the federal government alleged that underfunding of child welfare services on reserves was discriminatory towards Indigenous children.

These cases are just a handful of examples that illustrate the complex and emotional nature of adoption. They also highlight the importance of proper screening and support for adoptive parents, as well as the need for better oversight and systemic change in the child welfare system to ensure the safety and well-being of children in need.

Adoption BC

If the child is between 7 and 12 years of age, then the applicant must arrange for an authorized person to meet the child privately.

This is done so that person can make a written report that indicates whether the child understands what the adoption means.

If the child has any views on the proposed adoption, and if the child has any views on any proposed change of their name.

Before the Supreme Court of British Columbia grants an order for adoption, the applicant will have to file the following documents with the Supreme Court of British Columbia, in accordance with section 32 of the Adoption Act:

All the required consents to the adoption, or orders dispensing with consent or an application to dispense with consent;
The child’s birth registration or reasonable evidence of the facts relating to the child’s birth;
If the child is at least 7 years old and less than 12 years old, a copy of the report of the child’s views or a reasonable explanation of why the report has not been prepared;
The post-placement report from a director or adoption agency, if required; and
Any additional information is required by the regulations.

Post-placement report

After considering the post-placement report and other evidence, the court may make an adoption order.

This is done if it is satisfied that the child has resided with the applicant for at least 6 months immediately before the date of the adoption hearing and it is in the child’s best interest to be adopted by the applicant.

The best way to go about adoption in British Columbia is to consult with a family law lawyer who has handled adoption cases.

You need to speak to attorneys trained in the Adoption Act who are able to provide you with legal advice with respect to the adoption of a child here in British Columbia.

We hope you found this article on adoption in BC helpful.

Find a Local Lawyer

Contact us

How to Adopt a Child in British Columbia: A Guide