Can I adopt an adult, such as a stepchild or foster youth, in Ontario?
Yes, Ontario law allows it. Under section 199(3) of the Child, Youth and Family Services Act, the court may order the adoption of a person who is 18 or older, on another person's application, and the adoptee's own written consent is required. The same rule covers a child 16 or older who has withdrawn from parental control.
The adult must give their own written consent. The rule that every parent must consent applies only to a child under 16, or a child 16 or older who has not withdrawn from parental control, so it does not cover an adult being adopted. If you apply and have a spouse, the Act requires your spouse's written consent.
Residency matters too. No adoption order can be made on the application of a person who is not an Ontario resident, or for the adoption of a person who is not an Ontario resident. An adoption order is final and irrevocable, subject only to appeals. On the date of the order, the adopted person becomes the child of the adoptive parent and each former parent stops being a parent, unless that former parent is the adoptive parent's spouse.
Key takeaways
- The court may order the adoption of a person who is 18 or older, or a child 16 or older who has withdrawn from parental control, on another person's application.
- The adult being adopted must give their own written consent, and the requirement that every parent consent does not cover adult adoptees.
- If the person applying has a spouse, the other spouse's written consent is required.
- No order can be made if the applicant or the person being adopted is not an Ontario resident, and a final order is irrevocable subject only to appeals.