FAMILY DIVISION
Adoption
What is Adoption?
An adoption transfers legal rights, obligations,
rights and duties for a child from the birth parent(s) to the adopting parent(s)
as if he/she were the birth parent(s). The provincial legislation governing
adoptions in Newfoundland and Labrador is the Adoption Act, 1999. It is illegal
to give or receive payment or reward in connection with an adoption.
Who Can Adopt a Child?
Married couples or single persons, either alone
or with a partner, can apply to adopt a child. One person can also apply to
jointly become a parent with the child’s birth parent. Relatives of a child, as
defined in the Adoption Act, may also be eligible to adopt the child. The Act
defines “relative” as a parent, grandparent, aunt, uncle or sibling of the child
by birth or adoption.
All adoptive applicants, with the exception of
relative or family adoptions must be approved by a Director of Adoptions
employed with the Child, Youth and Family Services Program within one of the
four Regional Health Authorities. Relative or family adoptions do not require
the approval of a Director of Adoptions. These adoptions are completed with a
Self Help Kit, available at the Department of Health and Community Services,
local Regional Health Authorities, or the Government Services Centres.
Adoptive parents, with the exception of
relatives, must have resided in the province for a minimum of six months before
making an application to adopt a child.
Before an adoption order is made, the child must
live with the prospective adoptive parent(s) for a six month probationary
period. This requirement also applies to relative or family adoptions.
Where Does a Person Apply To Adopt?
An application to adopt a child can be made under
the provisions of the Adoption Act to the Director of Adoptions in your local
Regional Health Authority. If you are interested in more information about
adoption or wish to make an application to adopt you should contact the Director
of Adoptions in your local Regional Health Authority. The contact information
for the Directors of Adoption in each of four Regional Health Authorities is
provided below.
Eastern Region:
Director of Adoptions
Phone # (709) 759-3357
Fax # (709) 759-3360
Eastern Regional Integrated Health Authority
P.O. Box 190
Whitbourne, NL A0B 3K0
Central Region:
Director of Adoptions
Phone # (709) 292-6284
Fax # (709) 292-2250
Central Regional Integrated Health Authority
3rd. Floor, Provincial Building
Grand Falls/Windsor, NL
A2A 1W9
Western Region:
Director of Adoptions
Phone # (709) 637-2305
Fax # (709) 637-2319
Western Regional Health Authority
P.O. Box 2006
Corner Brook, NL A2H 6J8
Labrador/Grenfell Region:
Director in the Region
Phone # (709) 896-9170 ext. 223
Fax # (709) 896-9201
Child, Youth & Family Services
Labrador-Grenfell Regional Health Authority
P.O. Box 7000, Stn. C
Happy Valley/Goose Bay, NL
A0P 1C0
Who Can Place Their Children For Adoption?
The consent of a child’s birth parents as listed
on the child’s birth certificate is normally required before the child can be
placed for adoption. If the birth father is not listed on the birth certificate,
his consent may still be required depending on the particular situation. The
Director of Adoptions in your local Regional Health Authority will be able to
provide details about the required consent to adoption.
A child must be at least 7 days old before the
birth parents can sign a consent to adoption. If the child is over 12 years of
age, he or she must also consent to the adoption.
The Adoption Act gives birth parents the option
of choosing the prospective adoptive parents for their child. They can be people
that the birth parents know personally and who meet the requirements to be
approved to adopt a child by a Director of Adoptions or person(s) selected from
non-identifying profiles of approved adoptive applicants provided to them by a
Director of Adoptions.
The Adoption Act provides for openness in an
adoption. The adoptive parents and the birth parents or significant persons to
the child have the option of mutually agreeing to remain in contact with each
other.
Adoption Records
One of the major changes brought about by the
Adoption Act is a greater level of openness. An adopted person, 19 years of age
or older, may apply to the Vital Statistics Division, Department of Government
Services, to receive a copy of their adoption order and amended birth
registration, as well as the original birth registration that includes the names
of their birth parents listed at the time of birth. The birth parents of an
adopted person, 19 years of age or older, can apply for the same information
that includes the person’s adoptive name. Adopted persons or birth parents who
had their adoptions filed under the previous Adoption of Children Act may be
eligible to apply to prevent the release of this identifying information.
However, the open records system applies to all adoptions finalized since the
new Act was proclaimed in May 2003 when the adopted person reaches 19 years of
age.
|
