- In a private domestic adoption, a birth parent has 21 days after consenting to change their mind.
- If a birth parent changes their mind in that period, the licensee returns the child to them.
- The ministry must approve the adoption plan before a child is placed, and a court order is needed to finalize the adoption.
- Details beyond the 21-day window depend on the facts, so get legal advice quickly if the time is running.
Signing an adoption consent is one of the hardest decisions a parent can make, and many birth mothers and fathers worry afterward. They want to know whether the decision can still be reversed and how much time they have.
This article explains the change-of-mind period Ontario describes for private domestic adoptions, what happens when it is used, and what to do if you are unsure. Because timing can be critical, it is sensible to speak with a lawyer as soon as possible.
The 21-day period
In a private domestic adoption, a birth parent has 21 days after consenting to change their mind, and the licensee then returns the child to them. Because the period is short, the date you signed is the most important detail to record.
This period is described for private domestic adoptions arranged through a licensee. Public adoption through a children's aid society involves children in extended society care, which is a different situation. If you are not sure which route applies to you, ask the licensee or society handling your file.
What happens if you change your mind
If a birth parent changes their mind during the 21 days, the licensee returns the child to them. Only a children's aid society or adoption licensee can place a child with another person for adoption in Ontario, so the licensee is the person to contact about how to proceed.
The published guidance does not set out the exact steps or form for giving notice. Ask the licensee how to do it, and keep a written record of what you do and when.
| Stage | What the guidance says |
|---|---|
| Before placement | The ministry must approve the adoption plan |
| First 21 days after consent | Birth parent can change their mind and the licensee returns the child |
| First six months after placement | Practitioner makes at least three visits |
| Finalizing | A court issues the adoption order |
After the 21 days have passed
The published guidance describes the change-of-mind right as lasting 21 days, and it does not describe a general right to withdraw afterward. What options remain after that point depend on the facts, on the stage of the process and on what a court decides, so it is important to speak with a lawyer rather than assume.
The adoption is finalized by a court, and a person whose consent is needed but who has not signed can be dealt with through a motion to dispense with consent. That person must serve and file an Answer (Form 10) to oppose it. A court order is what makes the adopter the child's legal parent.
Practical points if you are unsure
- Record the exact date you signed, since the period is counted from consent
- Contact the licensee promptly if you are having second thoughts
- Ask for copies of everything you signed
- Do not ignore any court documents, because a respondent who does not file an Answer may be dealt with by the court without further notice
- Ask a lawyer how your specific situation is treated
What to do next
If you are within the 21 days and want to reverse your decision, act quickly. Talk to the licensee, and consider speaking with a lawyer the same day so that you understand the steps and any paperwork.
- Find the date and time you signed the consent
- Count forward 21 days and note the last day
- Contact the licensee handling the placement
- Keep copies of all documents and any messages
- Get legal advice about your options, particularly if the 21 days are close to ending or have passed
Frequently asked questions
How long do I have to change my mind?
In a private domestic adoption, a birth parent has 21 days after consenting to change their mind. Note the date you signed as soon as you can.
What happens to the child if I change my mind?
The licensee returns the child to the birth parent. Ask the licensee how the return will be arranged.
Does the 21-day rule apply to public adoptions?
The 21-day period is described for private domestic adoptions. Public adoption involves children in extended society care, which is a different process, so ask the society or a lawyer how it applies to you.
What if more than 21 days have passed?
The guidance describes the right as lasting 21 days after consent. What is possible after that depends on the facts and on what the court decides, so you should speak with a lawyer promptly.
Sources
- Ontario.ca – Public adoptions — ontario.ca
- Ontario.ca – Adoption — ontario.ca
- Ontario.ca – International adoptions in Ontario — ontario.ca
- Ontario.ca – Private domestic adoptions — ontario.ca
- Ontario Court Services – Form 8D (via search result; form text) — ontariocourtforms.on.ca
- Ontario.ca – Adopting a stepchild or relative — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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