Adopting a Foster Child in Ontario: Steps and Eligibility

Many foster parents come to love a child in their home and wonder whether they can adopt. In Ontario, adoption of a child in the permanent care of a children's aid society is called public adoption, and it follows its own steps.

This article explains who can apply, what the process involves, how consent and the court fit in, and what to do if a society says no. Each child's situation is different, so the society's worker and a family lawyer can confirm how this applies to you.

How public adoption works

Ontario recognizes four main types of adoption, and public adoption is the one for a child in the permanent care of a children's aid society. It costs prospective adoptive parents nothing.

There is no set waiting period. After approval, matching typically takes six months to two years or longer, and the most important consideration is the child's best interests. Because matching turns on what is best for the child, it helps to talk openly with the society about your wishes.

Who is eligible

Adoptive parents must be Ontario residents and can be a couple or a single person. An adoption application may be made by one individual or jointly by two individuals who are spouses of each other. No adoption order may 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.

Applicants under 18 are a special case: the court may make an order on their application only if special circumstances justify it. Beyond these legal requirements, the society will assess your suitability through its own process, which is why the homestudy and training below matter.

The steps, in order

• Contact a children's aid society and tell them you are interested in adopting.
• Complete a mandatory SAFE homestudy, which involves four to six interviews over four to six months.
• Complete the 27-hour PRIDE training. SPIRIT training and the HEART homestudy tool are alternatives for adopting Indigenous children.
• Be approved, then wait for matching, which typically takes six months to two years or longer.
• Receive the child in your home. Placement is 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, based on a report of the child's adjustment in the home. It generally requires that the child has lived with the applicant for at least six months. For a child placed by a society or licensee, the application may go ahead with less than six months of residence if the Director's statement gives the reasons.

Consents and contact with birth family

Adoption of a child under 16 generally needs the written consent of every parent. When the child is in extended society care, a Director's written consent is needed instead of the parents' consent. An adoption order for a person aged seven or older also needs that person's own written consent, given only after they have had a chance to get counselling and independent legal advice. The court may dispense with the child's consent if getting it would cause the child emotional harm, or if a developmental disability makes the child unable to consent.

Contact with birth family is sometimes arranged through an openness order. For a child in extended society care with an adoption plan, the society may apply for one before the adoption order is made, and the society, the person who will have contact, the adoptive placement and the child if 12 or older must all consent. A person who held an access order for the child and receives notice of the adoption plan may apply for an openness order within 30 days after receiving the notice.

Be aware that after an adoption, no court may make an order for access to the child by a birth parent or a member of a birth parent's family. Open adoption does not always mean visits, and agreements can allow various kinds of contact.

If the society says no, and what to do next

If a society refuses a foster parent's adoption application, or decides to remove a placed child, it must give at least 10 days' written notice. The person may apply to the Board for a review within 10 days, and the Board decides on the child's best interests. Because the deadline is short, speak to a lawyer quickly if you receive such a notice.

Once an adoption order is made, it is final and irrevocable, subject only to appeals. The child becomes your child, and each former parent stops being a parent.

• Tell your child's worker clearly that you wish to adopt.
• Set aside time for the homestudy interviews and 27 hours of training.
• Keep records of the child's life in your home, such as medical and school information.
• Ask the society how it handles contact with birth family.
• Keep any written notice from the society and note the dates.

Frequently asked questions