Adoption vs Guardianship vs Custody for Children in Ontario

If you are caring for a child who is not your own, you may hear three words: adoption, guardianship and custody. The words are often used loosely, so it helps to look at what each order actually allows.

This article lays out the practical differences in Ontario using the options the province describes. Terms such as guardianship can mean different things depending on the context, so it is worth asking a lawyer which order fits your situation.

Start with what you actually need

Before choosing a label, ask what problem you are trying to solve. Some caregivers need the ability to consent to medical care or enrol a child in school. Others want to become the child's permanent parent. Others simply want to keep a relationship with a child.

Ontario describes several kinship options: a kinship service, kinship care (a form of foster care), legal custody, adoption, or customary care for First Nations, Inuit and Métis children. Each has different consequences for the child's legal status and for any society involvement.

Adoption

Adoption is a permanent court order. The adoption order makes the adopter the child's legal parent. Adopters can be a couple or a single person, and must be Ontario residents if adopting publicly.

There are several routes. Public adoption goes through a children's aid society and is for children in extended society care. Private domestic adoption involves a licensee and a ministry-approved plan. International adoption involves a licensee and ministry approval before you leave Ontario. Relatives living in Ontario can apply directly to the court.

Custody, guardianship and parenting orders

For non-parents, the confirmed court route is a parenting order. Non-parents such as grandparents can apply for a parenting order on decision-making responsibility or a contact order. Decision-making responsibility covers significant decisions about health, education and religion. The court must make an order in the child's best interests and consider family violence and current living arrangements.

Non-parents file Form 8, Form 35.1 (Parts A and B), a Children's Aid Society Report on Records and a police record check, plus Form 35.1A if relevant. A parenting order is enforceable, while a parenting plan is usually informal unless part of a separation agreement or court order.

In the society setting, once a legal custody order is made, the child is no longer in society care. How guardianship fits with these orders can depend on the type of guardianship and the facts, so ask a lawyer rather than assuming.

Comparing time, cost and support

• Public adoption: no cost to prospective parents, no set waiting period, and matching typically takes six months to two years or longer after approval.
• Public adoption steps include a SAFE homestudy over four to six months and 27 hours of PRIDE training.
• Private domestic adoption: licensee fees are generally $15,000 to $30,000, plus separate homestudy and training fees.
• Public adoption families may qualify for post-adoption subsidies applied for through the society, with a combined net family income limit.
• Free post-adoption training is available to families who adopt, or have a child placed, through a society.

Costs and supports for a parenting order, or for a non-society kinship arrangement, depend on your circumstances, so confirm them before deciding.

What to do next

• List what you need to be able to do for the child, such as medical consent, schooling, travel or permanence.
• Find out whether a children's aid society has any role with the child.
• Gather documents: any existing orders, agreements and proof of where the child lives.
• Ask who must consent and whether anyone may oppose.
• Speak with a family lawyer about which order matches your goals, and ask what each would mean for the child's legal parents.

Frequently asked questions