Adoption in Nova Scotia is governed by the Children Family Services Act and requires both the approval of the Court and the provincial Department of Family Services.
Types of Adoption
There are different types of adoptions, which can include, but are not limited to:
● Private Adoptions (Stepparents adopting step children, family members adopting children, etc.);
● International Adoptions (adopting a child who is living outside of Canada); and
● Public Adoptions (children in the care and custody of the Department of Community Services).
In all circumstances, adoptions must first have the approval of the Department of Community Services, and depending on the type of adoption, the approval requires that a home study be completed, which can take several months.
The Adoption Procedure in Nova Scotia
Once the approval is provided by the Department of Community Services, the parents can then begin the process of filing with the Court to have an Order of Adoption.
In private adoptions and with international adoptions, several consents must be obtained before a court will grant an adoption. First, the parents of the child must consent to the adoption. “Parent” under the Children Family Services Act can include:
● The mother of the child
● The father of the child by marriage or relationship
● An individual having custody of the child, not including a foster parent
● An individual with access or support obligations to the child
● An individual who has acknowledged the parentage of the child
In addition to the parent or guardian’s consent, if the child to be adopted is over the age of 12, their consent must be obtained. In the case of adult adoptions, if the person being adopted is married, their spouse must also consent to the adoption.
Consent and Legal Implications
In some cases, it may not be appropriate, or possible, to obtain one of the consents needed. In those cases, you can apply to the court to dispense with that person’s consent ;– if successful, you can move forward without the consent.
Adoptions have permanent and long-lasting effects on many different rights and responsibilities as they relate to the person being adopted. Once an adoption has been processed, the person who has applied for the adoption becomes the child’s legal parent. This can have effects on your estate, and a separation (if the adoptive parents separate).
Legal Guidance
It is important to consult with a lawyer if you are intending to pursue an adoption. The knowledgeable lawyers at Lenehan Musgrave Law can assist you navigate the complex requirements of completing an adoption in Nova Scotia.
