- In Ontario, an adoption order for a child under 16 generally cannot be made without the written consent of every parent.
- A parent cannot consent before the child is seven days old, and can withdraw consent in writing within 21 days.
- A court may dispense with a parent's consent if the parent refuses or cannot be found and it is in the child's best interests.
If you are planning an adoption, one of the first questions is whether a birth parent has to agree. In most cases the answer is yes, and the law sets out how that consent must be given.
This article explains who counts as a parent, how consent works, what happens if someone changes their mind, and when a court can step in.
When consent is required
Under the Child, Youth and Family Services Act, 2017 (CYFSA), an adoption order for a child under 16 cannot be made without the written consent of every parent. The same applies to a child 16 or older who has not withdrawn from parental control.
There are exceptions. When a child is in extended society care, a Director's written consent is needed instead of the parents' consent. The requirement for every parent's consent also does not cover adult adoptees, or a child 16 or older who has withdrawn from parental control.
Other consents may be needed too. An adoption order cannot be made on the application of a person who is a spouse without the written consent of the other spouse.
Who counts as a parent
For consent, 'parent' is defined widely. It includes a parent under the Children's Law Reform Act, an individual with lawful custody of the child, and an individual who has shown a settled intention within the prior 12 months to treat the child as a child of their family.
This means the person whose consent you need may not be the only birth parent. Parentage can also arise without adoption, for example through assisted reproduction, so it helps to identify every legal parent early. That is a question where a lawyer can help.
How consent is given and withdrawn
- A parent cannot give consent before the child is seven days old.
- Before a parent consents, the society or licensee must tell the parent about the right to withdraw consent, and the parent must get a chance to seek counselling and independent legal advice.
- A person who consented may withdraw the consent in writing within 21 days after giving it.
- Once the consents are given and the 21-day period expires, the parents' rights and responsibilities pass to the society or licensee.
If the person giving consent is under 18, the consent is not valid unless the Children's Lawyer is satisfied that it is fully informed and reflects that person's true wishes.
In some cases the court may allow a consent to be withdrawn after the 21-day period if that is in the child's best interests. If the person withdrawing had custody, the child is returned to them. That late withdrawal is not available if the child has been placed for adoption and remains in the care of the person the child was placed with.
The child's own consent
An adoption order for a person aged seven or older 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 it if getting it would cause the person emotional harm, or if a developmental disability makes the person unable to consent.
For an adult adoption, the adoptee's own written consent is required.
When the court can dispense with consent
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. The person must have received notice of the proposed adoption, or a reasonable effort to give notice must have been made.
If a consent was dispensed with, or a late withdrawal was allowed, no adoption order may be made until the appeal period has passed or any appeal has been decided. An adoption order itself is final and irrevocable, subject only to appeals, and no extension of the time to appeal will be granted.
What to do next
- List everyone who may count as a parent under the broad definition.
- Find out whether each person is willing and able to consent, and whether they can be located.
- Make sure each person has a real chance for counselling and independent legal advice.
- Keep records of every attempt to give notice to a parent you cannot reach.
- Speak with a family lawyer early if a parent refuses or cannot be found.
Frequently asked questions
Can a birth parent consent right after the baby is born?
No. A parent cannot give consent to adoption before the child is seven days old.
Can a birth parent change their mind?
A person who consented may withdraw the consent in writing within 21 days after giving it. After that, the court may allow withdrawal only if it is in the child's best interests, and not if the child has been placed and remains with the person they were placed with.
What if the birth father or mother cannot be found?
The court may dispense with the consent if that is in the child's best interests. A reasonable effort to give notice must have been made.
Does a teenager have to agree to their own adoption?
A person aged seven or older needs to give their own written consent after a chance for counselling and independent legal advice. The court may dispense with it in limited cases involving emotional harm or a developmental disability.
Sources
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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