Many modern blended families wish to reflect their emotional bonds through the adoption of children by their stepparents. Here are four key things to know about stepparent adoptions.
- The Consent of both parents is required.
To proceed with a stepparent adoption of a child, you need to obtain the consent of both of the child’s parents, not just the consent of your spouse. You need to obtain the consent of both parents, even if one parent has not been involved in the child’s life. Often, one parent will refuse to provide their consent or not respond to the request to dispense with their consent. If you are unable to obtain the consent of a parent, you will need to start court proceedings to ask the court to dispense with that parent’s consent to the adoption.
- The Consent of the Child may be required.
If a child is over seven years old, they also need to provide their consent to a stepparent adoption in Ontario. The court must consider the child’s wishes before granting an adoption order. If the child consents to the adoption, this is a good indication of their wishes for the adoption. The court can dispense with a child’s consent to the adoption where it has found obtaining the consent would cause the child emotional harm or if the child is not able to consent due to a developmental disability.
- You can adopt adult stepchildren.
The court can make an adoption order for a stepchild who is 18 years or older, or a stepchild who is 16 years or older and has withdrawn from parental control. For adult adoptions, you do not need to obtain the consent of both parents. However, the courts have held that notice of the adoption should be given to both parents. Adult stepparent adoptions usually occur when a stepparent and stepchild have a significant bond and they want to legally cement this relationship.
- You and your stepchild must be residents of Ontario.
Under the Child, Youth and Family Services Act, 2017, the court will not grant an adoption order for a person who is not a resident of Ontario, nor will the court accept an adoption application from a person who is not a resident of Ontario. If your stepchild is only residing outside of Ontario on a temporary basis, such as attending post-secondary education out of province, the court may determine they are still resident of Ontario.
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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