Jill's friend, Joyce, has been with her spouse Robert for over 12 years now. Robert has a daughter, Jenny, who is 14 years old. Joyce is the only mother that Jenny has ever known, since her own mother (Robert’s 1st wife) passed away when Jenny was only a year old. Joyce wishes to formalize her role as Jenny’s parent and is thinking about adopting her, though she is uncertain as to whether it is possible (after all, Jenny has a birth mother) and if so, what the steps are.
In Ontario, it is common for new partner to adopt the child(ren) of their new partners, born from a prior relationship. It is most common when the other parent has passed or is completely absent from the child’s life. This process is called an “adoption by a relative or stepparent” and has its own unique legal process. In fact, it is the only legal means through which a partner can become the true legal parent of his or her partner’s child.
To qualify for the relative adoption process, the adoptive parent must either be:
• a step-parent
• a grandparent
• an aunt or an uncle
• a great-aunt or a great-uncle
Further, the relative adoption process is only available when the adoptive parents are residents of Ontario and the child resides in Canada.
What is different and often appealing about the adoption by a relative is that it does not affect your existing relationship with your child. It simply causes your partner to become a legal parent of the child as well. If alive, the consent of the other birth parent will be required although a judge may allow the adoption without the parent's consent in some exceptional circumstances (i.e. if the parent is dead, cannot be located or for some other reason if the best interests of the child would be promoted by waiving consent of the other parent). It is also interesting to note that a child who is 7 years of age or more must consent to the adoption for the adoption to proceed.
Once the adoption order is made, the adoptive parent has deemed to be the parent of the children and is granted the same rights and obligations as any other parent in Canada or the world.
