Can an Adult Be Adopted in Ontario? Steps, Consent and Court

Many people who ask about adult adoption are in a situation like this: a step-parent who helped raise a stepchild, or a foster parent who stayed in a young person's life after the young person turned 18. The legal relationship does not match the family relationship, and adoption seems like a way to fix that.

Most of Ontario's published adoption guidance is written around children. This article explains what the official guidance does say, where it points relatives, how immigration rules treat adopted adults, and which questions are best confirmed with a lawyer before you file anything.

Why the usual adoption routes may not fit

Ontario's public adoption route runs through a children's aid society and is for children in the permanent care of a society, called children in extended society care (formerly Crown wards). An adult is not in that situation, so the society steps of orientation, homestudy, training, matching and placement are not designed for adult adoption.

Only a children's aid society or an adoption licensee can place a child with another person for adoption in Ontario. How placement and licensing rules apply to an adult depends on your situation, so it is worth confirming with a lawyer.

The relative and stepchild route

Ontario's guidance says relatives living in Ontario, such as a niece, nephew, grandchild or stepchild, can apply directly to an Ontario court for an adoption order. No adoption licensee is needed, and no adoption practitioner homestudy is required unless the judge requires it. The same guidance says a lawyer may be needed and that the Law Society of Ontario can help you find one.

That guidance is the closest published description of a direct court application. The published pages do not spell out how it applies when the person being adopted is an adult, so whether your situation fits, and what the judge will want to see, is something to confirm with a lawyer.

• A stepparent adopting a stepchild who is now an adult
• A relative, such as an aunt or grandparent, formalizing a long-standing parent-like role
• Anyone whose situation is different from these, where the facts may change the answer

Consent and the court application

An adoption order is made by an Ontario court, and the court form for an adoption application is Form 8D, Application (Adoption). Forms change over time, so confirm the current version before you rely on any form.

Consent is a central question in any adoption. Where the consent of a respondent who has not signed is needed, the applicant can bring a motion to dispense with it. The respondent must serve and file an Answer (Form 10) to oppose, and if they do not, the court may dispense with consent without further notice to them.

With an adult, the practical questions are different: whether the adult wants the adoption and will sign, whether other people named as respondents must be involved, and how a judge will treat the adult's own wishes. The published guidance does not answer these for adults, so they are worth raising with a lawyer early.

If immigration is part of the picture

If you are thinking about adopting an adult so that the person can come to Canada, the rules are separate and strict. When the adopted person was 18 or older at the time of the adoption, IRCC requires the adoption to follow the laws of either the country where it took place or the sponsor's country. A genuine parent-child relationship must also have existed at the time of the adoption and before the person turned 18.

For adoptions completed abroad of a child under 18, IRCC also requires that the adoption not be done to give the child immigration status or privilege. An adoption that is meant mainly for immigration purposes can therefore cause serious problems, and you should get advice before relying on one.

What to do next

Before you file, get clear on what you want the adoption to achieve. Adoption creates a permanent legal parent-child relationship, and it is not always the only way to reach a goal such as inheritance, family recognition or support. A lawyer can compare the options.

• Write down your relationship history with the adult, including when and how the parent-like role began
• Confirm that the adult clearly wants the adoption and is willing to take part
• List the other people who may be affected, such as the adult's birth parents
• Gather identity, residence and family documents for both of you
• If immigration is involved, get advice before taking any step
• Ask a lawyer how a direct court application would work in your case and which forms apply

Frequently asked questions