Adopting a Grandchild, Niece or Nephew: Kinship Adoption in Ontario

If you are a grandparent, aunt, uncle or older sibling raising a relative's child, you may be wondering whether adoption is the right step. Perhaps the child already lives with you, but you cannot easily make decisions or you want the arrangement to be permanent.

Adoption is only one option. This article explains how relative adoption works in Ontario, how it differs from other kinship arrangements, and what to consider before you start. Your family's facts matter a great deal, so treat this as a map and not a substitute for advice.

Can a relative adopt directly?

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. A lawyer may be needed, and the Law Society of Ontario can help you find one.

If the relative is abroad, the international adoption process applies instead. That process has its own requirements, including ministry approval before leaving Ontario.

This is different from public adoption through a children's aid society, which is for children in extended society care (formerly Crown wards). A child being raised by a relative may or may not be in that category, so it is worth finding out which route applies.

What an adoption order does

The adoption order makes the adopter the child's legal parent. It is a permanent court order. For many grandparents and other relatives, that permanence is the point. It also means a major change in the child's legal family, so it should be considered carefully with the child's circumstances in mind.

Consent matters. If the consent of someone who has not signed is needed, the applicant can bring a motion to dispense with it, and the respondent must serve and file an Answer (Form 10) to oppose. If they do not, the court may dispense with consent without further notice to them. Whether an unmarried birth father counts as a parent whose consent is needed depends on the facts, so ask a lawyer.

Other kinship options

Ontario describes several ways a relative can care for a child: a kinship service where the child stays out of society care with a relative, kinship care (a form of foster care), legal custody, adoption, or customary care for First Nations, Inuit and Métis children. Once a legal custody order is made, the child is no longer in society care.

Non-parents such as grandparents can also 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.

Practical points to weigh

• Do you need full legal parenthood, or mainly the ability to make decisions about health and education?
• How do the child's parents feel, and is their consent likely to be given?
• Is the child's society involved? If so, the available options and supports may differ.
• Are you a resident of Ontario? Public adoption requires residency.
• Will the child's ties with their birth family continue, and how do you feel about that?

If the child is adopted through a children's aid society, post-adoption subsidies may be available, applied for through the society. The amounts depend on the child and on combined net family income, so check the current Ontario figures. Free post-adoption training (Pathways to Permanence 2) is available to families who adopt, or have a child placed with them, through a society. Whether these apply to a private relative adoption is something to confirm.

What to do next

• Write down the child's living arrangements and how long they have been with you.
• Find out whether a children's aid society is involved with the child.
• Collect any existing court orders, agreements or correspondence about the child.
• Think about which parents or other people may need to consent.
• Talk to a family lawyer about whether adoption, a parenting order or another option fits your goals.

Frequently asked questions