Hiring a lawyer for an adoption procedure

Adoption is not just about taking on new responsibilities for a child. It is a major undertaking that will involve you for the rest of your life. The tedious and difficult process will test your patience and perseverance. The operation of such magnitude requires the participation of the court of first instance. In view of the delicacy of the procedures, outside help is always welcome. The presence of a lawyer specialized in adoption is a first step towards the success of the project. So, how does adoption work in Canada? How does the expert help?

Understanding the adoption process in Canada

According to article 543 of the Quebec Civil Code, adoption “takes place in the interest of the child”, but what does it actually consist of?

What are the different types of adoption?

There are three types of adoption in Canada:

• Regular adoption;
• Mixed bank adoption;
• Intercountry adoption.

Regular adoption describes a very specific process. The Canadian child becomes part of a family after the consent of the biological father and mother. A regular adoption is also the adoption of a child by the parent of an ascendant.

Mixed bank adoption involves a child bank, an institution that houses the offspring of disadvantaged families at risk of abandonment. They are then placed in foster care, in a stable environment that is able to provide for their needs. However, the children are not directly “adoptable”. Biological parents have the right to reclaim custody and parental authority if they become financially, psychologically and physically able to raise their child.

Intercountry adoption involves complex procedures due to the disparity of rights and laws in different countries.

How to put a child up for adoption?

Adopting a child involves a series of important legal steps. A family law attorney is the most appropriate professional for this type of need.

Who can adopt a child?

For the sake of safety and in the interest of the child, the law lists the legal requirements for eligibility of an adopter. A single person, a married or civil union couple and a same sex couple are entitled to adopt a child provided that they

• To be of age;
• To be 18 years older than the child to be adopted;
• To resort to adoption for the good of the child;
• To obtain the consent of the biological parents;
• To obtain the consent of the child aged 10 years and older;
• Obtaining the consent of the court (which may override the child’s refusal if it determines that the decision is in the child’s best interest).

You can also adopt your partner’s child, if you are in a civil union or married to his or her parent. The success of the process depends on the length of your relationship.

Who can be adopted?

The following can be adopted: wards of the State (minors who have lost their ties with their parents and all their families), people declared “abandoned” by the courts, people handed over to child welfare organizations and a spouse’s child.

There is no legal age limit for adoption. Both children and adults can be adopted. However, each age has its specific conditions. The parents’ agreements alone will suffice for the validation of adoption procedures for babies and young children. The adoption of a child is delicate if he/she is able to express his/her desire by his/her own means. The consent of the judge in court authorizes the adoption of a child declared abandoned by the court and entrusted to a child welfare agency.

Some parents wonder how long it takes for a simple adoption. The length of time varies depending on the situation. Administrative procedures can take up to 11 months.

How to adopt a minor child ?

The adoption of a minor child goes through a series of steps that vary according to the country or region of origin. Minors include wards of the state, children abandoned by their biological parents and children who have obtained the consent of their parents.

In Canada, adoption takes two forms:simple adoption andfull adoption.Simple adoption concerns children under 15 years of age and may require the services of a lawyer. This form of adoption maintains the biological and legal ties between the child and the biological parents. Plenary adoption, on the other hand, reduces the filiation between the adopted child and his or her ascendants to nothing.

How to adopt a child of age ?

The conditions of adoption are more complicated with an adult. The law requires the adopter to be older than 18 years old, except for the child of the spouse.

As an adult, the adopted person has a say. His opposition interrupts the process.

Finally, the applicant has previously played a role (preferably a parental role) in the life of the adopted person during his or her childhood. The court attaches great importance to this criterion. However, article 545 of the Civil Code of Quebec is flexible and can override this condition in the interest of the adopted person.

What are the steps involved in an adoption?

The goal of an adoption is to obtain a favourable court decision, but how do you get there?

First step: The declaration of eligibility for adoption

Theparents’ agreement makes the adoption eligible. The procreators have 30 days to reconsider their decision.

Obtaining consent is complicated in certain circumstances:

• Absence of parentage of the mother and father;
• Abandonment of a child and the absence of a guardian who has supported the child for the past 6 months:
• The absence of a guardian and parents who have lost their authority;
• An orphan without a guardian.

To continue the process, the child’s relative sends a judicial request for a declaration of eligibility to the court. Once this is obtained, the next step begins: the placement order.

Step Two: The Placement Order

The second step is a “trial period”. The child moves in with his new parents for 6 months. It allows the child to adapt to the new situation and to become familiar with the environment. The process is also similar to a transitional phase during which the child uses the new name of his adoptive parents.

This period of time also represents an opportunity for the adopter to begin to invest and take charge of the child. The period can be reduced to 3 months, following a request from the adopter. The court will only allow this if the adopter has already resided with the child prior to the proceedings.

Throughout the placement order, the biological parents can maintain contact with their child.

Step Three: Filing the Adoption Application

The applicant files an adoption petition with the court as soon as possible after the placement order is completed. The procedure finalizes the steps. The operation breaks the filiation with the biological parents. At the same time, it creates a new official link between the child and the adopter. The creation of a new filiation generates responsibilities similar to blood filiation.

However, the child’s maladjustment during the placement order jeopardizes the process. The judge will have to review the application and reconsider his or her requirements.

What to do for an international adoption?

The general steps of an international adoption include:

• Choosing the country of origin;
• Opening the file with the International Adoption Secretary;
• The transfer of the file to the competent foreign authorities;
• The waiting period, which varies according to the country;
• The proposal of a child by the foreign authorities;
• Obtaining the approval of the International Secretariat for Adoption;
• Travel to the country to finalize the legal procedures;
• The repatriation of the child to Canada;
• The transmission of the progress reports in the child’s country;
• The delivery of a new birth certificate.

Since the operation goes beyond Canadian borders, the adoption process can take several months, even years. Especially since the project remains delicate on the diplomatic level. If necessary, call on the services of a lawyer specialized in international adoption to speed up the procedures.

What about the parents’ consent?

The biological parents can express their opposition during the 30-day revocation period. To avoid disruption, some adopters initiate the procedures without their knowledge. In this case, the revocation period will be extended.

If the parents contest before the deadline, the child is returned to them. If a parent disagrees after the time limit, he or she goes to court. His or her decision will trigger new legal proceedings.

What are the legal consequences of the adoption?

The consequences of the adoption are irreversible. The pronouncement of the adoption creates a new filiation. It replaces the previous filiation. In other words, the child is legitimately and legally under the responsibility of his new parents. They are responsible for the child’s health, safety, education, housing and food. In the event of separation, the parent with custody receives child support.

His or her biological parents lose parental authority over the child at the same time. However, the authority is retained for the parent, if his or her spouse has adopted the child.

The intervention of a lawyer to support the adoption process

The legal issues, the complex procedures and the doubts that remain during the adoption process confuse some parents, hence the need for a lawyer.

Why use a lawyer?

Family law attorneys specializing inadoption are used to handling sensitive cases. They are used to battles between couples wanting to adopt a child and their biological parents.

His services are indispensable in accompanying the legal procedures. The different steps of the adoption process are crucial. The respect of the procedures conditions the success of the project. He will explain each step. He will understand without difficulty the legal terms. He will avoid the traps of the procedures.

The lawyer protects the child’s interests. He or she can represent the child, tell the court how he or she feels and express his or her point of view in the case.

Apart from thelawyer, the notary can also handle asimple adoption case.

What are the advantages of the lawyer’s presence?

To solicit the services of a lawyer for an adoption in Quebec is to benefit from an expertise in the field of family law. His level of knowledge coupled with his experience will guarantee the success of the legal process.

The expert is attentive and accessible, not only to the parents (the adoptive parents and the biological parents), but also to the child. His focus is on the child, knowing that his future is at stake.

The relationship between the lawyer and his client is based on confidentiality. In the treatment of the case, he remains impartial and acts in all transparency. He also complies with the ethical rules.

Moreover, the fee of a lawyer in asimple adoption case or a plenary adoption case depends on the packages or the firm chosen.

When does the intervention of a lawyer become mandatory?

Adoption is an existing and difficult adventure. The complexity of the process requires perseverance and a strong will. The lawyer will support you throughout the process. Even so, his presence remains optional.

However, the contribution of a lawyer is essential in the case of an adoption of a child aged 15 or older. At this age, the adopted child has the right to express his or her point of view and to impose his or her demands. The process becomes even more complex if the adoptee decides to put obstacles in the way.