How Does a Birth Father Establish Rights Before an Adoption in Ontario?

An unmarried father's standing depends on whether he counts as a parent, and Ontario defines that widely for adoption consent. A parent under the Children's Law Reform Act counts, as does someone with lawful custody or who has shown a settled intention within the prior 12 months to treat the child as part of their family. If he is a parent, an adoption order for a child under 16 cannot be made without his written consent.

A father who refuses consent or cannot be found is not simply ignored. The court may dispense with consent if that is in the child's best interests, but the person must have received notice of the proposed adoption, or a reasonable effort to give notice must have been made. If consent is dispensed with, no adoption order can be made until the appeal period has passed or any appeal has been decided.

Whether a man is a parent turns on the facts. Parentage for a child who is not adopted is set under the Children's Law Reform Act, and a person with an interest may apply after the birth for a declaration that someone is or is not a parent. Because timelines can be short, speak to a lawyer promptly.