In Ontario, a stepparent who wants to adopt a stepchild less than sixteen years of age needs to obtain the consent of both of the child’s biological parents. Often, one parent will refuse to provide their consent or will not respond to the request to dispense with their consent.
If one of the parents does not provide their consent to the adoption, the stepparent will need to ask the court to dispense with that parent’s consent. The court may do so if they are satisfied:
- The adoption is in the child’s best interests and
- The parent whose consent is required has received notice of the proposed adoption and of the application to dispense with consent, or a reasonable effort to give notice has been made.
The stepparent must meet both criteria for the court to dispense with a parent’s consent to the adoption. The onus is on the stepparent who is pursuing the adoption to prove the criteria have been met. Because an adoption order is final and irrevocable, the court may be very strict when considering this proof.
The court must determine if the adoption is in the child’s best interests. The court considers the advantages/disadvantages to the child of dispensing with a parent’s consent to adoption, as well as the advantages/disadvantages to the child if the adoption order is granted.
The court must also consider the child’s wishes. If a child is over seven years old, they also need to provide their consent to a stepparent adoption in Ontario. The court will consider whether the child has consented to the adoption when considering their best interests.
The courts are more likely to dispense with a parent’s consent if the parent has abandoned the child, has no meaningful relationship with the child, if the parent is a real determent or danger to the child, or where the parent refused to provide consent for reasons of vindictiveness, spite or malice. Courts are less likely to dispense with a parent’s consent where the child has an attachment to the parent and where the parent has shown interest in their relationship with the child.
Kimberley Wilton practices exclusively in family law, from contentious parenting disputes, child and spousal support claims, to complex property division, adoption applications, and mobility issues. Kimberley Wilton is a skilled and experienced adoption lawyer who regularly handles stepparent and relative adoptions.
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