ADOPTION AND GUARDIANSHIP

Adoption and guardianship are designed to provide children with stable and nurturing environments when their biological parents are unable to care for them. Within this realm, Giving Tree Family Law's practices are centered around the best interests of the child and aim to ensure their well-being, safety, and permanency.

ADOPTION

Adoption is a legal process that establishes a permanent parent-child relationship between individuals who are not biologically related. It involves transferring parental rights from the child's biological parents to adoptive parents. Adoption offers children the opportunity to be part of a loving and supportive family, giving them a chance for a brighter future.

In Ontario, children may be adopted through four avenues:

1. By immediate family members or a step-parent in conjunction with one parent.
2. Through Children's Aid Societies.
3. Via a licensed individual or private adoption agency.
4. By a recognized licensed international adoption agency with provincial offices.

To adopt a child in Ontario, individuals must reside in the province and be at least 18 years of age. While legislative requirements do not mandate that the Applicant (person seeking adoption) be married, if married, the spouse must provide written consent for the adoption. Two Applicants can solely adopt a child if they are married or co-habitating in a common-law relationship. 

The adoption process typically involves:

1. Orientation and Information Session: Prospective adoptive parents attend an orientation or information session to learn about the adoption process, requirements, and different types of adoption available in Ontario.
2. Pre-Service Training: Prospective adoptive parents complete a series of training sessions that provide insights into adoption, parenting adopted children, and understanding the needs of children who may have experienced trauma or loss.
3. Home Study and Assessment: A licensed adoption agency or a Children's Aid Society conducts a thorough home study and assessment of the prospective adoptive parents. This process includes interviews, background checks, home visits, and discussions about parenting styles and expectations.
4. Matching Process: Once approved, prospective adoptive parents are entered into the adoption registry. When a child becomes available for adoption, the agency seeks a suitable match based on factors such as the child's needs, the adoptive parents' preferences, and the family's ability to meet the child's needs.
5. Placement and Transition: If a suitable match is found, the child is placed with the adoptive family. Depending on the circumstances, there might be a transition period during which the child gradually becomes familiar with the new family and environment.
6. Supervision and Post-Placement Visits: After placement, the adoption agency conducts post-placement visits to ensure that the child is adjusting well and that the family's needs are being met. These visits also help to prepare the family for the finalization process.
7. Finalization of Adoption: The legal process of finalizing the adoption involves a court hearing. Prospective adoptive parents, the child, and the adoption agency representative attend the hearing. Once the court is satisfied that the adoption is in the best interest of the child, an adoption order is issued, granting the adoptive parents full legal parental rights and responsibilities.
8. Post-Adoption Support: After the adoption is finalized, post-adoption support services are available to assist families in navigating the challenges and joys of parenting adopted children.

The duration of the adoption process is not set in stone and can significantly vary based on the unique circumstances surrounding each child and the prospective adoptive family. While no predetermined waiting period exists, the typical timeline, post approval from a Children's Aid Society to adopt, spans from six months up to two years, and occasionally even longer.    

GUARDIANSHIP

Guardianship is another legal arrangement that grants an individual the legal authority and responsibility to care for a child, often when the child's biological parents are unable to do so. Guardians provide for the child's needs, make decisions on their behalf, and offer stability and support.

Guardianship can involve:

1. Temporary Guardianship: When the child's biological parents are temporarily unable to care for them, a guardian steps in to provide care until the parents can resume their responsibilities.
2. Permanent Guardianship: In cases where it's unlikely that the child's biological parents can provide long-term care, a permanent guardian can be appointed to provide a stable and loving home.

Adoption and guardianship are profound acts of love and responsibility that reshape the lives of children and caregivers alike, and our team of legal experts will strive to make this possible for you and your family.