- A birth parent can withdraw a consent to adoption in writing within 21 days after giving it.
- After 21 days, only the court can allow a late withdrawal, and only if it is in the child's best interests.
- Once an adoption order is made, it is final and irrevocable, and the time to appeal cannot be extended.
Consenting to an adoption is one of the biggest decisions a parent can make. If you are a birth parent, you may wonder whether you can change your mind. If you are an adoptive parent, you may worry about how firm a consent really is.
In Ontario, the Child, Youth and Family Services Act, 2017 (CYFSA) sets out when a parent can consent, how long they have to withdraw, and what happens when a consent is missing. This article explains the general rules in plain language. Your own situation may turn on details, so a lawyer can confirm how the rules apply to you.
When a parent can give consent
An adoption order for a child under 16 cannot be made without the written consent of every parent. The same applies to a child 16 or older who has not withdrawn from parental control. If the child is in extended society care, a Director's written consent is needed instead of the parents' consent.
The word parent is wide here. It includes a parent under the Children's Law Reform Act, a person with lawful custody, and a person who has shown a settled intention within the prior 12 months to treat the child as a child of their family.
- 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.
- The parent must also get a chance to seek counselling and independent legal advice.
The 21-day withdrawal period
A person who consented to an adoption may withdraw the consent in writing within 21 days after giving it. The withdrawal needs to be in writing, so a spoken change of mind is not enough on its own.
Once the consents are given and the 21-day period expires, the parents' rights and responsibilities pass to the society or licensee. That is why the timing matters so much. If you are thinking of withdrawing, it is worth getting legal advice quickly.
Withdrawing after the 21 days
The court may allow a consent to be withdrawn after the 21-day period if that is in the child's best interests. If the person withdrawing had custody, the child is returned to them.
There is an important exception. 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 late withdrawal is allowed, no adoption order may be made until the appeal period has passed or any appeal has been decided.
Consent from young people and when a court can dispense with it
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's consent is not always the end of the story in the other direction either. If a parent refuses consent or cannot be found, the court may dispense with a required consent, other than the child's or a Director's, 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.
If a consent was dispensed with this way, no adoption order may be made until the appeal period has passed or any appeal has been decided.
| Situation | What the rules say |
|---|---|
| Parent gives written consent | May withdraw in writing within 21 days |
| More than 21 days have passed | Court may allow late withdrawal if in the child's best interests |
| Child placed and still with that placement | Late withdrawal not available |
| Parent refuses or cannot be found | Court may dispense with consent if in the child's best interests and notice was given or reasonably attempted |
Once the adoption order is made
An adoption order is final and irrevocable, subject only to appeals. The time to appeal cannot be extended. This is the point where the law gives the child's new family certainty, so deadlines matter.
If you are a birth parent who has doubts, or an adoptive parent facing a withdrawal, the practical steps below can help you act in time.
- Note the exact date any consent was signed and count the 21 days from there.
- Put any withdrawal in writing and keep a copy.
- Ask whether the child has already been placed and where the child is living now.
- Keep the notices, letters and any court papers you receive.
- Speak with a family lawyer as soon as you can, because appeal deadlines cannot be extended.
Frequently asked questions
Can a birth parent change their mind after signing an adoption consent in Ontario?
Yes, within 21 days after giving the consent, they may withdraw it in writing. After that, the court may allow a late withdrawal only if it is in the child's best interests.
Can I sign the consent right after my baby is born?
No. A parent cannot consent to adoption before the child is seven days old.
What if the child is already placed with the adoptive family?
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. The 21-day written withdrawal right is separate and still applies within that period.
Can an adoption be undone once the order is made?
An adoption order is final and irrevocable, subject only to appeals, and no extension of the time to appeal will be granted. A lawyer can explain whether any appeal route is open to you.
Sources
- Child, Youth and Family Services Act, 2017 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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