Do Birth Parents Need to Consent to Adoption in Ontario, and When Can a Court Dispense With It?
Usually, yes. Ontario requires every parent's written consent to adopt a child under 16, or one not withdrawn from parental control, but not an adult. "Parent" is defined widely and includes a parent under the Children's Law Reform Act, an individual with lawful custody, and someone who has shown a settled intention within the prior 12 months to treat the child as a child of their family.
A court can sometimes dispense with a required consent. If a parent refuses consent or cannot be found, the court may do so when that is in the child's best interests, as long as the person received notice of the proposed adoption or a reasonable effort to give notice was made. When a child is in extended society care, a Director's written consent is needed instead of the parents'. A child aged seven or older must also consent in writing, unless the court dispenses with it for emotional harm or a developmental disability.
Timing matters. A parent cannot consent before the child is seven days old, and can withdraw consent in writing within 21 days. A court may allow later withdrawal if it is in the child's best interests, unless a placed child remains with the placement. Details depend on your facts.
Key takeaways
- An adoption order for a child under 16 cannot be made without the written consent of every parent.
- A court may dispense with a parent's consent if the parent refuses or cannot be found and that is in the child's best interests, after notice or a reasonable effort to give it.
- A parent cannot consent before the child is seven days old, and can withdraw consent in writing within 21 days, though a court may allow a later withdrawal in some cases.
- A person aged seven or older must give their own written consent, though the court may dispense with it for emotional harm or a developmental disability.