How Does Private Adoption Work in Ontario Through a Licensee?

Private domestic adoption is one of several routes to adopting in Ontario. It is different from adopting a child in the care of a children's aid society, because you work with a licensed agency or licensed individual instead.

This article explains in plain terms who can adopt, what a licensee does, the main steps and costs, how consents work, and how the adoption is finalized. Every family's situation is different, so use this as a map and not as a substitute for advice.

What private adoption is and who can adopt

Ontario recognizes four main types of adoption: public, private domestic, international, and adoption of a stepchild or relative who lives in Ontario. Private domestic adoption happens through a private adoption agency or an individual licensed by the government.

Only a children's aid society or a licensee may place a child with another person for adoption. There is an exception for placements with the child's relative, parent or the parent's spouse, if the child lives in Canada and the placement is within Ontario.

Adoptive parents must be Ontario residents and can be a couple or a single person. An application may be made by one person or jointly by two people who are spouses of each other. No adoption order may be made for an applicant or a child who is not an Ontario resident.

The main steps with a licensee

• Choose a licensee and apply to work with them.
• Complete the SAFE homestudy, which is mandatory and involves four to six interviews over about four to six months.
• Complete the 27-hour PRIDE training, which is also required.
• The licensee notifies a Director of the proposed placement and gives the Director a report of the homestudy of the proposed adoptive parent.
• The ministry must approve the proposed adoption plan before the child is placed.

Ontario says the adoption process can take at least a year and sometimes longer.

Costs to plan for

Licensees generally charge $15,000 to $30,000, and the homestudy and parent training cost extra. These are general ranges and not fixed amounts, so ask any licensee for a full written breakdown.

Consents and the right to withdraw

An adoption order for a child under 16 generally cannot be made without the written consent of every parent. The word parent is defined widely for this purpose. A parent cannot 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 in writing within 21 days after giving it. Once the consents are given and that period ends, the parents' rights and responsibilities pass to the society or licensee.

A court may allow a late withdrawal if that is in the child's best interests, but not if the child has been placed for adoption and remains in the care of the person they were placed with. A child aged seven or older must also give their own written consent.

Adjustment period and court finalization

During the first six months of the adjustment period, the practitioner must make at least three visits, and the licensee then submits an adjustment report for ministry approval. A Director must file a statement before the hearing, which generally requires that the child has lived with the applicant for at least six months, or two years for a placement a society or licensee did not make.

On the date of the adoption order, the adopted child becomes the child of the adoptive parent, and each former parent stops being a parent. After adoption, no court may make an order for access to the child by a birth parent or a member of a birth parent's family. An adoption order is final and irrevocable, subject only to appeals. Families can still agree on contact, since openness agreements can be made before or after the order.

What to do next

• Confirm that you meet the residency requirement.
• Ask each licensee you are considering for a written list of fees and what is extra.
• Set aside time for the homestudy interviews and training.
• Think about what kind of openness you are comfortable with.
• Speak with a family lawyer about consents, timing and court steps before you commit.

Frequently asked questions