Open Adoption in Ontario: Contact After Adoption and Your Options

Many adoptive and birth families want some ongoing connection after an adoption: photos, letters, visits or a phone call at holidays. People often call this an open adoption. The question that worries them is whether those promises mean anything legally once the adoption is final.

This article explains in plain words what open adoption generally means, what the adoption order does, and which Ontario tools exist for information and contact. It does not promise that any particular contact arrangement can be enforced, because that depends on the facts and the paperwork. A family lawyer can tell you what is realistic in your situation.

What open adoption usually means

Open adoption is an everyday phrase, not a single legal category. It usually describes an adoption where the birth family and adoptive family stay in touch in some way. That might be an exchange of updates through the adoption agency, or regular visits between families who know each other well.

The level of openness can change over time. A child's needs, a family's circumstances and the relationships between the adults all shift. That is why people ask whether a promise made before the adoption can be counted on afterwards.

What the adoption order changes

When an Ontario court issues the adoption order, the adopter becomes the child's legal parent. That is a permanent court order, unlike some other arrangements for children.

In a private domestic adoption, a birth parent has 21 days after consenting to change their mind, and the ministry must approve the adoption plan before placement. Those protections come before the adoption is final. How they relate to contact afterwards depends on your situation, so it is worth confirming with a lawyer.

If a birth parent has not signed a consent that 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 contact is part of the reason a parent is hesitating, a lawyer can explain how that might fit into the process.

Are contact promises enforceable?

There is no safe one-line answer. An informal understanding between families is a promise made in good faith, and whether a court would treat it as binding depends on how it was recorded, whether a court order is involved, and the facts. Before you rely on any contact arrangement, have a lawyer read it.

For comparison, Ontario's parenting law draws a clear line elsewhere. A parenting order is enforceable, while a parenting plan is usually informal unless it is part of a separation agreement or court order. That is a useful reminder that putting something in a court order is different from agreeing informally.

Tools for information and contact in Ontario

Even without a contact agreement, Ontario offers ways to share information. Adoption records are open, and requesting information is free. Adopted people 18 or older can request identifying information, and birth parents can request it if the adopted person is 19 or older and the birth was registered in Ontario. Applications must be mailed with signed forms, since faxes, email and hand delivery are not accepted.

• Non-identifying information, such as the adoption date, the agency and birth family social or medical history, can be requested by adoptive parents, birth parents, birth grandparents, birth siblings and others.
• A disclosure veto blocks release of identifying information, and adopted adults and birth parents can apply for one only if the adoption occurred before September 1, 2008.
• A no contact notice allows release of identifying information, but the other party must agree not to contact you.
• A notice of contact preference states how you would like to be contacted, but it is not binding.
• The Adoption Disclosure Register is a voluntary service for exchanging information with birth family members who also register.

What to do next

• Write down exactly what contact each side expects: how often, by what means and through whom.
• Ask whether the arrangement is only a promise or is part of a court order, and have a lawyer explain the difference for your situation.
• If you are a birth parent or adopted adult, look at the records requests and the Adoption Disclosure Register before making contact on your own.
• If you are a grandparent or other non-parent wanting time with a child, ask a lawyer about a contact order.
• Keep copies of anything signed, and do not sign an agreement you do not understand.

Because the right approach turns on whether you are a birth parent, an adoptive parent or a relative, and on how the adoption was arranged, a short conversation with a family lawyer is usually worth having before you commit to anything.

Frequently asked questions