Family Law And Adopting A Child: What You Need To Know

Posted on

Are you thinking of adopting a child? There are few things more special than bringing a new child into your family. However, if you plan to do so, it is important that you understand the basics of Canadian adoption law and that you have a qualified family lawyer to assist you with the process.

Understanding the Responsibility of Adoption

First and foremost, it is imperative that you understand the responsibilities you take on when you choose to adopt a child. Adoption can be defined, under Canadian law, as permanently agreeing to take on all of the rights and responsibilities of a parent for a child whom is not your own biologically. In other words, for all intents and purposes, a child becomes your own, just as if you had given birth to that child.

Once an adoption is complete, you are legally the parent of the child and have all the rights and responsibilities that go along with being a parent. As such, adoption is not something to be entered into lightly.

Adopting a Child Internationally

Sometimes, adoptive families wish to adopt a child who is not a Canadian citizen. If that is what your family plans to do, you must understand that, for you, adopting a child is a two part process.

You have to go through the actual adoption process, just as you would with a Canadian child. However, you also have to undergo the immigration and citizenship process. That is to say that you have to legally immigrate the child and make him or her a legal Canadian citizen. This process is complex and often difficult. Improper handling of the immigration and citizenship process can lead to deportation of the child and other serious consequences. To ensure you handle the process correctly, the retention of a qualified, experienced family lawyer is highly recommended. After all, you don't want your family to be ended before it even has a chance to get started.

Adoption Eligibility

The ability to adopt a child is determined by certain requirements, which you must meet. In order to adopt a child in Canada, you must be a Canadian citizen. You also must be over the age of 18, and, barring certain extenuating circumstances, you should not have a criminal history. Your spouse or other adopting partner must also meet these requirements if he or she is to be named a legal parent or guardian of the child.

Also keep in mind that you may be subjected to certain requirements put in place by the adoption agency you choose to work with. Determining your adoption eligibility and undergoing the entire adoption process will always be made much easier by the help of a seasoned lawyer. If you can follow these tips and can secure the right legal counsel, there is no reason why you can't be a prime candidate for a Canadian adoption.


Share