Adopting a Child as a Step Parent in British Columbia

Many people become close with their long-term partner’s family and their children, often to the point where they want to become another parent to the children. What if you want to make it official and adopt your partner’s children? Continue reading to find out what you need to do to adopt a step-child and important things you should be aware of if you adopt a step-child.

Can you adopt your partner’s child if you are a step-parent?

Yes, if a child is related to you by marriage or is the child of your partner, you can apply to adopt their child. You can apply alone or you can apply jointly with your partner to become a parent of the child. You must be a resident of British Columbia to apply to adopt your step-child.

In order to adopt your step-child, you need to apply to the Court, and you need to follow certain legal requirements.

What are the legal requirements for adopting a step-child?

The Adoption Act sets out the legal requirements for adopting a step-child. The Court considers the best interests of the child when deciding whether to grant the adoption.

Section 3 of the Adoption Act states the following:

3 (1) All relevant factors must be considered in determining the child’s best interests, including for example:

(a) the child’s safety;

(b) the child’s physical and emotional needs and level of development;

(c) the importance of continuity in the child’s care;

(d) the importance to the child’s development of having a positive relationship with a parent and a secure place as a member of a family;

(e) the quality of the relationship the child has with a parent or other individual and the effect of maintaining that relationship;

(f) the child’s cultural, racial, linguistic and religious heritage;

(g) the child’s views and preferences, without discrimination, including discrimination relating to Indigenous identity, race, colour, ancestry, place of origin, religion, family status, physical or mental disability, sex, sexual orientation and gender identity or expression;

(h) the effect on the child if there is delay in making a decision.

Do You Need an Agreement before Adopting a Step-Child?

You will need to obtain consent from the relevant individuals before you can adopt the child. Section 13 of the Adopt Act states that the following individuals must consent to a child’s adoption:

1. the child, if 12 years of age or over;
2. the child’s parents; and
3. the child’s guardians.

Such consent needs to be documented in the proper prescribed forms required under the Adoption Act.

Do You Need any Reports prior to Applying for Adoption?

Before applying to Court for an adoption order, if the child is at least 7 years old and less then 12 years old, you need to arrange for an authorized individual to prepare a report regarding the child’s understanding of what adoption means and the child’s views on the proposed adoption and any proposed change to the child’s name. The Court will consider this report when deciding whether to grant an adoption.

Who Should be Notified Regarding Adoption?

There are also certain people you need to give notice to before setting a hearing for an application for an adoption order in British Columbia. Specifically, a written notice must be given to any person who, by court order or enforceable agreement, has contact with the child or access to the child.

Finally, there are various documents that need to be prepared and filed with the Court in order to set a date for hearing of an application for an adoption order, and before the Court will make an adoption order. Our adoption lawyers can assist you with preparation of these documents.

What if the child’s other parent(s) does not give consent to you adopting their child?

There are certain circumstances when the Court can disregard the biological parent’s disagreement to adoption pursuant to Section 13 of the Adoption Act.

Additionally, if the Court is satisfied that the person whose consent is to be dispensed with:

1. has abandoned or deserted the child,
2. has not made reasonable efforts to meet their parental obligations to the child, or
3. is not capable of caring for the child, or
4. if there are other circumstances justifying dispensing with the consent, the Court may choose to do so.

If the other parent is refusing to agree to you adopting your partner’s child, you will need to prove to the Court that it is best for the child that the court dispenses with the refusal. Provide sufficient evidence to support your claims that the above circumstances have been met, warranting the dispensing of the other parent’s consent.

This is not necessarily an easy case to prove.

Asking the Court to Ignore Disagreement from the Other Parent

In British Columbia Birth Registration No. 2004-59-020158 (Re) [2014 BCCA 137], the British Columbia Court of Appeal considered whether to dispense with the mother’s consent to the mother’s new spouse adopting the child of the marriage. The parents had previously entered into a separation agreement that provided the mother with sole custody of the child and granted the father reasonable access. The lower Court dismissed the application for the mother’s new spouse to adopt the child and instead appointed the new spouse as a guardian of the child along with the Mother.

The  Court recognized that the decision to dispense with such consent is a “discretionary decision” and the “welfare of the child must be the paramount consideration”. It also outlined the principles with respect to dispensing with a parent’s consent to adoption, as follows:

1.  The test to dispense with the consent of a natural parent is a strict test because adoption severs the relationship between the child and that parent.
2. While the child’s welfare is the most important consideration, the parent’s fitness and rights to custody and parenting time or contact must also be considered.
3. Only the most serious and important reasons, having regard to the child’s welfare, should justify dispensing with the consent of a natural parent.
4. The factors that should be considered in addition to the factors set out in s. 3 of the Adoption Act include the child’s best interests in the long term, the finality of adoption, and the impact on the child of permanently severing the ties with his or her natural parent.

In that case, the Court of Appeal upheld the lower Court’s reasons for finding that the Father’s consent should not be dispensed with, including that there were no concerns for the child’s safety or needs in the present family living arrangement, the Father did not propose to disturb the current family living arrangement, and the child would continue to be in the care of the Mother and the Mother’s new spouse, whether the adoption order was granted or not.

There have been cases where the Court has decided to dispense with the other parent’s consent. For example, in Female child no. 023969 (Re) [1998 CanLII 1946 (BC SC)], the Court dispensed with the Mother’s consent for the Father’s new spouse to adopt the child, considering that the Mother had left the child with the Father when the child was born, had made very little effort to meet her parental obligations, and had rarely contacted the child. The Court stated that it needed to consider what was in the long-term best interests of the child and what benefits there may be to the child if the adoption order was granted. Some considerations included that the child would be living in a household where everyone else’s relationship would be formalized except the child’s, the fact that the mother could continue to develop a relationship with the child even if the new Father’s new spouse adopted the child, and the Father’s new spouse had developed a strong relationship with the child as mother/daughter.

What legal responsibilities do you take on by adopting a step-child?

If you are adopting to become a parent jointly with your partner, when an adoption order is made, you join the other parent as parent of the child and the child becomes your child. As a parent, you will be responsible for providing for:

• the child and being involved in important issues related to the child.
• The adoption order also means that any other parent ceases to have any parental rights or obligations with respect to the child.
• This may cause problems for the family, if the other parent who the child does not reside with is still involved in the child’s life.
• You will also be responsible for child support if you and your partner eventually separate.

If you are considering adopting a step-child, contact our adoption lawyers to set up a consultation and learn more.