You can adopt an adult in Ontario, as the province allows any married couple or adult to adopt another adult. In most cases, this takes place as step-parent adoption.
If you are in a position where you would like to adopt an adult, you have come to the right place. Our adoption lawyer in Ontario explains the intricacies of adult adoption in Ontario.
What is Adult Adoption in Ontario?
Adult adoption in Ontario is when the adoptee is 18 or above. Families where step-parents and children have bonded well can opt for this to legally create a family relationship.
Ontario Law allows this for couples or adults. The consent of the adoptee and the adoptive parent is required for this to work.
Other situations allowing for adult adoption in Ontario include the following:
- Adult being adopted by birth parents
- A foster family can adopt the child they adopted from foster care
Only in these situations can you adopt an adult in Ontario. You will not need an adoption agency for this purpose, and adoption training and home study are not mandatory as the child has contact with the adoptive parent.
As an adoptive parent, you can directly apply to the Ontario Family Court for an adoption order. If you need more clarity about applying to the Court, you can contact our adoption lawyer in Ontario.
Law of Adult Adoption in Ontario
The Child, Youth and Family Services Act, Section 199 (3) permits adult adoption in Ontario. According to the Act:
“The Court may make an order for the adoption of:
- A person 18 or older, or
- A child who is 16 or older and has withdrawn from parental control
On the application of another person.”
A court order is needed to begin the process of adult adoption in Ontario. Over the years, case law has helped develop a test that must be met before the Court will make the order for the applicant.
There is a four-part test based on case law, which includes the following criteria to be met:
- The adoption will create an actual (not just a legal) change in the relationship between the adoptive parents and the adoptee
- The motivation for the adult adoption is based on the emotional and psychological needs of the adoptee for new parent (s) to fill a parenting gap
- Both the adoptive parents and the adoptee are aware of the legal effects of the adoption and intend those effects to govern the new relationship
- The relationship between the adoptive parents and the adoptee will only be strengthened and enhanced through the adoption order
So, before the Court agrees to the adult adoption in Ontario, they will consider these factors.
How Much Does it Cost to Adopt an Adult in Ontario?
Adult adoption in Ontario can cost you between $500 and $1,000. However, the cost can also vary, depending on your case.
If you hire a lawyer, the cost will be even higher. You can discuss your options with your lawyer to better understand the costs of adopting an adult in Ontario.
Adult Adoption Ontario Forms
To begin adult adoption in Ontario, you must fill out some adoption papers in Ontario and submit them to the Court. Here are the adult adoption Ontario forms you must fill out for this purpose:
These are just some of the many forms required during the adult adoption process.
You can consult a family lawyer to ensure you fill out the correct forms for your situation.
How the Adult Adoption in Ontario will affect the Adoptee?
When you opt for adult adoption in Ontario, there will be a few changes for the adoptee. For example, they will:
- Receive a new birth certificate
- Have the option of changing their surname if they want
- Receive the inheritance rights of the adoptive parent
The birth certificate will show you as the adoptive parents of the adult. These are the three ways in which the adult adoptee will be affected.
Adult Adoption in Canada: Can You Adopt an Adult in All Canadian Provinces?
| Canadian Province | Can you Adopt an Adult? |
| Alberta | Yes. |
| British Columbia | No. The law only allows for the adoption of former step or foster children. If you supported an adult before the age of 19, you can adopt them after that age. |
| Manitoba | Maybe. The courts will decide whether the reason is acceptable for adult adoption. The Court will review the matter and then make a decision. |
| New Brunswick | Maybe. The Courts in New Brunswick only allow adult adoption if the adoptive parent is older than the adoptee by a reasonable number of years. They also determine whether there is an acceptable reason for adult adoption. |
| Newfoundland and Labrador | No. |
| Northwest Territories | No. The law only allows for the adoption of former step or foster children. |
| Nova Scotia | Yes. |
| Nunavit | No. The law only allows for the adoption of former step or foster children. |
| Ontario | Yes. |
| Prince Edward Island | Yes. |
| Quebec | Maybe. The Court will review the case and determine if the adult adoption is in the best interests of the adoptee. |
| Saskatchewan | Maybe. The Court will review the case to determine whether adult adoption is reasonable. |
| Yukon | Maybe. The Court will review the case and determine if the adult adoption is in the best interests of the adoptee. |
Can International Students Get Adopted in Canada?
No, they cannot. Whether you are an international student, immigrant worker, or the like, you might wonder if you can get adopted by adults to receive Permanent Residency.
Unfortunately, immigration doesn’t allow this, as the law states that only families where step-parents and children have bonded well can opt for adult adoption.
FAQs
Is there an age limit for adoption in Ontario?
You must be 18 years old to adopt someone in Ontario. There is no cutoff for a certain age group, but 40 is the general standard.
What disqualifies you from adopting in Canada?
A criminal record may disqualify you from adopting in Canada. Similarly, if you are not a Canadian citizen or permanent resident over 18, you will be disqualified.
How hard is it to adopt in Canada?
Adopting in Canada is not too difficult as long as you fulfill the eligibility requirements based on the type of adoption you choose. However, adopting is expensive and time-consuming.
Can you adopt for free in Canada?
Public adoption in Canada is free of cost. Private adoption will cost you money because you have to pay agencies, lawyers, and more.
Contact Our Adoptions Lawyer in Ontario for Adult Adoption Today
If you want to know more about adult adoption in Ontario, you can contact our esteemed lawyer. Athena Narsingh is an expert at dealing with sensitive family matters with knowledge and ease.
For more information, please feel free to schedule a free consultation.
Author Profile
- Athena Narsingh is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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