- Public adoption in Ontario means adopting a Crown ward — a child in the care of a Children's Aid Society (CAS) whose parents' rights have been terminated by a court order or by consent.
- Private adoption involves adopting an infant or child directly from birth parents, through a licensed adoption practitioner (LAP) — a person or agency licensed by the Ministry of…
- | Factor | Public (Crown Ward) | Private Domestic | |--------|---------------------|-----------------| | Child age | Often toddler to teen | Usually infant | | Birth parent consent |…
Thinking about adoption in Ontario? The first fork in the road is choosing between private adoption and public adoption — two entirely different systems with different agencies, timelines, costs, and processes. Understanding both helps you make the right choice for your family.
Both routes are governed by the Child, Youth and Family Services Act (CYFSA) and ultimately result in an adoption order from the Ontario Superior Court of Justice. But the paths to that order look very different.
What Is Public Adoption?
Public adoption in Ontario means adopting a Crown ward — a child in the care of a Children's Aid Society (CAS) whose parents' rights have been terminated by a court order or by consent. These children are legally free for adoption; they have no birth parents whose consent you need to obtain.
Who are Crown wards?
Crown wards are children who have come into the care of the child welfare system because of neglect, abuse, or other circumstances that prevented their birth families from caring for them safely. Many are older children or sibling groups; some have experienced trauma and may have higher support needs.
How public adoption works
- Apply to your local CAS or a Designated Agency. You do not need a lawyer to start, but legal representation is helpful once an adoption is matched.
- Home study and approval. A CAS worker assesses your home and prepares a report.
- Matching. The CAS introduces you to children whose needs match your approved profile. Matching can take months to years.
- Placement and supervisory period. The child lives with you before the adoption is finalized. The CAS supervises the placement.
- Adoption order. Your lawyer files the application; the court makes the order.
Cost
Public adoption is largely government-funded in Ontario. You may owe legal fees for the court application, but you pay nothing to the CAS itself. Adoption subsidy programs also exist for children with special needs — as of writing, verify current eligibility with the CAS.
What Is Private Adoption?
Private adoption involves adopting an infant or child directly from birth parents, through a licensed adoption practitioner (LAP) — a person or agency licensed by the Ministry of Children, Community and Social Services. In Ontario it is illegal for anyone other than a LAP (or the CAS) to arrange an adoption; paying a birth parent for their child is also illegal.
Types of private adoption in Ontario
- Domestic private adoption: A birth mother in Ontario places her newborn with prospective adoptive parents she has chosen, with the LAP facilitating.
- Step-parent or relative adoption: Adopting a child already in your family (covered separately in our step-parent adoption article).
- International adoption: Adopting a child from another country. This involves both Ontario and federal (Immigration, Refugees and Citizenship Canada) processes; timelines have lengthened significantly and some countries have closed their programs.
How domestic private adoption works
- Engage a LAP. Shop around; LAPs vary in their approach, waiting times, and fees. The Ministry maintains a public list of licensed practitioners.
- Home study. The LAP prepares a home study report to assess your suitability.
- Profile and matching. A birth mother (or both birth parents) reviews prospective adoptive parents and chooses a family.
- Consent. Birth parents sign adoption consents. Under the CYFSA, consent by a birth mother cannot be signed until 7 days after the child's birth. There is a 21-day withdrawal window after signing.
- Placement. The child is placed with you; the LAP supervises the placement period.
- Court application and order. Your lawyer files the adoption application once consents are irrevocable and the supervisory period is complete.
Cost
Private adoption is substantially more expensive than public adoption. LAP fees, home study fees, and legal costs together can reach tens of thousands of dollars. The CYFSA limits what practitioners can charge, and their fee schedules must be disclosed upfront. Verify current regulated maximums with the Ministry.
Side-by-Side Comparison
| Factor | Public (Crown Ward) | Private Domestic |
|---|---|---|
| Child age | Often toddler to teen | Usually infant |
| Birth parent consent | Already terminated | Required; 21-day withdrawal |
| Who arranges | Children's Aid Society | Licensed adoption practitioner |
| Government funding | Yes (largely) | No |
| Wait time | Highly variable | Variable; often 1-3+ years for infant |
| Legal help needed | Helpful for court stage | Strongly recommended throughout |
Which Path Is Right for You?
There is no universally "better" option — it depends on your family's circumstances, openness to different ages and needs, timelines, and budget. Many prospective adoptive parents contact both a CAS and a LAP at the same time to explore both streams in parallel.
A family law lawyer can help you understand what each path looks like in practice, flag issues specific to your situation, and ensure the court application is handled correctly once a match is made.
Frequently asked questions
Can I advertise that I want to adopt in Ontario?
You can share information about yourself as a prospective adoptive parent through a LAP's process, but independent advertising that directly solicits a birth mother or birth parents outside of a licensed practitioner is legally risky. Ontario's rules are strict about who may facilitate adoptions.
Do birth parents have any rights after the adoption order?
Once an adoption order is made, the birth parents' legal relationship with the child ends. However, open adoption agreements — which are enforceable in Ontario — can provide for ongoing contact. An adoption lawyer can draft and register an openness agreement if all parties agree.
Can same-sex couples adopt in Ontario?
Yes. Ontario's adoption laws apply equally regardless of the sexual orientation or gender identity of the prospective adoptive parent(s).
What is an "openness agreement" and is it binding?
An openness agreement sets out post-adoption contact arrangements between the child and birth family members. Under the CYFSA, registered openness agreements are enforceable by court order, giving them real legal weight.
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