Adopting Through a Children's Aid Society in Ontario

Adopting a child who is in the permanent care of a children's aid society (CAS) is called public adoption. It is one of the main types of adoption in Ontario, and it differs from private domestic adoption, international adoption, and the adoption of a stepchild or relative.

This article walks through the usual path: who can apply, what the homestudy and training involve, how matching and placement work, and what happens when the court finalizes the adoption. Every family's situation is different, so treat this as a map, not a prediction of your own timeline.

Who can adopt a child in care

Adoptive parents must be Ontario residents, and they can be a couple or a single person. An adoption application is made by one individual or jointly by two individuals who are spouses of each other. A court cannot make an adoption order 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.

Ontario says the adoption process can take at least a year and sometimes longer. It helps to plan for a long process with a fair amount of paperwork and waiting.

Cost, homestudy and training

Public adoption through a children's aid society costs prospective adoptive parents nothing. You still have to complete two mandatory steps:

• A SAFE homestudy, which involves four to six interviews over four to six months.
• The 27-hour PRIDE training.

If you are hoping to adopt an Indigenous child, SPIRIT training and the HEART homestudy tool are alternatives to PRIDE and SAFE. Ask your society which approach applies to you.

Matching and placement

There is no set waiting period. After you are approved, matching typically takes six months to two years or longer, and the most important consideration is the child's best interests. That last point means a match is about what suits the child, not about who has waited longest.

Placement is then followed by an adoption adjustment period of at least six months before the court finalizes the adoption. Before the hearing, a Director must file a statement, which is based on a report of the child's adjustment in your home. Generally, the child must have lived with the applicant for at least six months, or two years for a placement that a society or licensee did not make. An application for a child placed by a society or licensee may go ahead with less than six months of residence if the Director's statement gives reasons.

If the Director's statement is negative, it must be filed and served on you at least 30 days before the hearing. If that happens, talk to a lawyer promptly.

Consents and what the court looks at

An adoption order for a child under 16 generally cannot be made without the written consent of every parent. If a parent refuses consent or cannot be found, the court may dispense with a required consent (other than the child's or a Director's) if that is in the child's best interests, as long as the person received notice of the proposed adoption or a reasonable effort was made to give notice. When the child is in extended society care, a Director's written consent is needed instead of the parents' consent. A child aged seven or older must also give their own written consent, after a chance to get counselling and independent legal advice.

There are exceptions for the child's own consent too. The court may dispense with it if getting it would cause emotional harm or if a developmental disability makes the child unable to consent. Most of this is handled by the society, but it explains why the process has several formal steps.

If the society says no, and what changes after adoption

If a society refuses your adoption application, or decides to remove a child placed with you, it must give at least 10 days' written notice. You may apply to the Board for a review within 10 days, and the Board decides on the child's best interests. That is a short window, so seek advice right away.

Once the order is made, the child becomes the child of the adoptive parent and each former parent stops being a parent, except that a former parent who is the spouse of the adoptive parent keeps their parent status, as in a stepparent adoption. The order is final and irrevocable, subject only to appeals, and no extension of time to appeal will be granted. After adoption, no court may make an order for access by a birth parent or a member of a birth parent's family.

Contact with birth family can still be arranged in some cases. For a child in extended society care with an adoption plan, the society may apply for an openness order before the adoption order, and the society, the person who will have contact, the adoptive placement, and the child if 12 or older must all consent. An openness agreement may also be made at any time before or after the adoption order, and failing to follow it does not affect the validity of the adoption.

What to do next

• Contact your local children's aid society and ask about its public adoption information sessions and application steps.
• Set aside time for the SAFE homestudy interviews and the 27-hour PRIDE training.
• Think about what contact with birth family you would be comfortable with, since openness arrangements are possible.
• Keep copies of every notice you receive, and note any 10-day deadline the day it arrives.
• Speak with a family lawyer if a consent is disputed, a society refuses your application, or you get a negative Director's statement.

Frequently asked questions