Legal Question in Family Law in Canada

Adoption

My younger sister is pregnant and my parents would like to adopt the baby. My question is does my little sister have to get the baby's father to agree to my parents adopting the baby?


Asked on 1/24/08, 5:43 pm

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Adoption

In British Columbia, the consents of both parents must be obtained; if one parent refuses consent thenan application must be made to a Judge to dispense with that parent's consent.

The only thing you sister has 100% decision making power over is whether she terminates the pregnancy; if she does not, then

1.the father has the right to be consulted and to have his say over the child's placement as does your sister - they are both parents and equal unless a Court says otherwise

2. The child has a right to know both parents

3. The father may wish to raise the child himself and if your sister disagrees, then a Court with input from the Ministry for Children and Families will determine what placement is best for the child

4. If the child is adopted by your parents, it is extremely likely that the father will be granted access, if he requests the Court for an access order, as c child has the right to know its parents - the right is the child's right, not the parents' (adoptive or otherwise) right.

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Answered on 1/25/08, 11:10 am


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