Stepparent Adoption in Ontario: Consent, Court Process and Legal Effect

You may be raising your partner's child as your own and want the law to recognize it. In Ontario, a stepparent adoption is the legal step that makes you a parent of that child. It depends heavily on consent, especially from the other birth parent.

This article walks through who can apply, whose written consent is needed, what happens if someone refuses or cannot be found, and what the adoption order changes. Every family's facts differ, so a lawyer can confirm how this applies to you.

Who can apply and how the process starts

The court may make a family adoption order on the application of the child's relative, the child's parent, or the spouse of the child's parent, which includes a stepparent. An application may be made by one individual, or jointly by two individuals who are spouses of each other.

Residency matters. No adoption order may be made on the application of a person who is not an Ontario resident, or for the adoption of a person who is not an Ontario resident. If the applicant is under 18, the court may make an order only if special circumstances justify it.

Stepchild adoptions are made directly through the Ontario court. No adoption licensee is needed. The usual restriction that only a children's aid society or a licensee may place a child for adoption does not apply to a placement with the child's parent or the parent's spouse, as long as the child lives in Canada and the placement is within Ontario.

Is a homestudy required?

An adoption practitioner does not have to assess a stepparent applicant unless the judge requires it. Because the judge can ask for one, requirements can vary by case and by court.

Because the application goes straight to the court, the court's current adoption forms and steps matter. Court forms and procedures can change, so check the current adoption forms on the Ontario court forms website or ask a lawyer before you file.

Whose written consent is needed

• Every parent, if the child is under 16, or 16 or older and has not withdrawn from parental control.
• The child, if they are seven or older. The consent must be in writing and given only after they have had a chance to get counselling and independent legal advice.
• The applicant's spouse, if the applicant is married. An order cannot be made on the application of a spouse without the other spouse's written consent.

The word "parent" is wide here. It includes a parent under the Children's Law Reform Act, an individual with lawful custody of the child, and an individual who has shown a settled intention within the prior 12 months to treat the child as a child of their family. That can include people you might not expect, so identify everyone who may count.

There are exceptions. The court may dispense with the child's consent if getting it would cause emotional harm, or if a developmental disability makes the child unable to consent. A consent given by someone under 18 is not valid unless the Children's Lawyer is satisfied that it is fully informed and reflects that person's true wishes. A parent cannot consent before the child is seven days old.

Withdrawing consent, refusals and missing parents

A person who consented may withdraw the consent in writing within 21 days after giving it. After that period, the court may allow a late withdrawal only if that is in the child's best interests. Late withdrawal is not available if the child has been placed for adoption and remains in the care of the person the child was placed with.

If a parent refuses consent or cannot be found, the court may dispense with the required consent if that is in the child's best interests. The person must have received notice of the proposed adoption, or a reasonable effort to give notice must have been made.

When consent has been dispensed with this way, or a late withdrawal was allowed, no adoption order may be made until the appeal period has passed or any appeal has been decided. Expect that to add time. Keep records of every effort you make to reach the other parent.

Director's statement and residence rules

For adoptions generally, a Director must file a statement before the hearing, based on a report of the child's adjustment in the home, and the child must have lived with the applicant for a minimum period. For a family adoption such as a stepparent adoption, the Director's statement and the six-month residence rule apply only if the child did not live in Canada before placement. If the child did live in Canada, the court may order that they apply.

If a Director's statement is negative, it must be filed and served on the applicant at least 30 days before the hearing.

What the adoption order changes, and what to do next

On the date of the order, the child becomes the child of the adoptive parent, and each former parent stops being a parent. In a stepparent adoption, a former parent who is the spouse of the adoptive parent does not lose parent status. How this applies if you are not married to the child's parent depends on your situation, so it is worth confirming with a lawyer. 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, and no extension of the time to appeal will be granted. Contact with birth relatives can still be arranged by an openness agreement, which may be made before or after the order and may include a dispute resolution process. Failing to follow it does not affect the validity of the adoption order.

• List every person who may count as a parent, using the wide definition.
• Talk with your spouse and, if the child is seven or older, with the child about consent.
• Gather records of your relationship with the child and any contact with the other birth parent.
• Check the current court adoption forms and steps before filing.
• Speak with a lawyer if a parent may refuse or cannot be found.

Frequently asked questions