By Benjamin Szalay-Anderson, Alberta Legal Coach
Adoption is a life-changing decision that opens up new opportunities for children and brings hope and fulfillment to prospective parents. As you consider this new parental role, it is important to take the time to understand the benefits and responsibilities so you can navigate this journey with confidence.
There are three types of adoption in Alberta:
- Ministry of Children’s Services Adoption (“the Ministry”).
- Private Adoptions.
- International Adoptions.
In this blog, we’ll focus on private adoption—the most common option—which typically requires the least government involvement. We’ll explore the legal requirements, benefits, and responsibilities of this process, whether arranged through a certified adoption agency in Alberta or via direct placement from the child’s parents.
Effect of Adoption
The adoption process is governed by the Child, Youth and Family Enhancement Act (the “Act”), which sets out the requirements to legally adopt a child, the parties involved, and the criteria the government must consider when approving adoptive parents.
Under section 72(1) of the Act, once an adoption is finalized, the child becomes the child of the adoptive parents and stops being the child of their previous parents. If the adopted child is Indigenous (including First Nations, Inuit, and Métis) and holds treaty status under the Indian Act, they retain their status after adoption. Adoptive parents are responsible for ensuring the child remains aware of their heritage and is able to stay connected to their culture and community. They are also entitled to act on behalf of the child to secure any rights or benefits the child is eligible for.
Guardianship vs Parenting
Guardianship is the right to make major decisions about a child’s well-being, including their education, religious upbringing, place of residence, health care, and other significant matters. While parents are often guardians, the court can appoint others who are raising the child and apply to become a guardian. This is common with grandparents or stepparents who help raise a child. These decision-making rights are referred to as a guardian’s decision-making responsibilities. Guardianship lasts until the child becomes an adult, which is 18 years old in Canada.
Parents are usually the biological parents of the child. The biological mother is confirmed at birth, and the biological father is often considered a parent, but isn’t always. Other parents may include surrogate parents and adoptive parents. As noted above, once an adoption is complete, the prior parent-child relationship with the biological parents ends and a new parent-child relationship begins. It is generally the right of the child to spend time with their parents. During this time, parents are responsible for making day-to-day decisions for the child, such as activities, bedtimes, and meals. Although contact time may sometimes be granted to non-parents, it is primarily reserved for the child and their parents. A parent-child relationship is a permanent relationship that does not end when the child becomes an adult. While the parent of an adult child no longer has the same responsibilities as when the child was a minor, they will always be considered the parent of the child.
What Are the Benefits of Adoption?
Adoption comes with numerous advantages for both parents and children. Here are some of the key benefits to consider:
- Tax Benefits – The Government of Canada offers the Canada Child Benefit (“CCB”), which parents of children under 18 can apply for. The CCB amount is determined based on the family’s annual reported household income for the year and is paid monthly. Higher amounts may be granted for younger children or children with disabilities. When adoptive parents apply for the CCB, they are automatically considered for the Alberta Child and Family Benefit (“ACFB”). The ACFB provides a base amount to all families with minor children who file a federal tax return. The Government of Alberta offers this base amount regardless of income, along with supplemental support for lower income earners.
- Alberta Child Health Benefits – The Government of Alberta also provides health coverage for eligible families, ensuring dependent children have access to essential services like dental care, prescription drugs, eyeglasses, diabetes supplies, and other health services.
- Specific Decision-Making – In an emergency where you are unable to consent to health-care treatment, a health-care provider may select a relative to make decisions if no designated decision maker is present. Establishing a parent-child relationship while the child is a minor ensures that, when the child turns 18, they can make decisions for you in an emergency and vice versa. If the adoption is not complete while the child is a minor, you and the child are not legally relatives and once they turn 18 your legal guardianship ends. Any decisions that are made after the child turns 18 may be challenged or overruled by others who are legal relatives of the injured person. This may include the biological parents or adult siblings of the child. For yourself, this situation can also be remedied by a personal directive appointing an agent to act on your behalf should you lose the capacity to act for yourself. For more information, check out our blog on understanding the difference between a will, power of attorney and a personal directive.
- Inheritance and Intestacy – If you die without a will, your estate will be distributed through intestacy under the Wills and Succession Act (the “WSA”). The WSA mandates that your estate should be divided between your spouse or adult interdependent partner, and any descendants. A child for whom you are a legal guardian does not qualify as a descendant under the WSA, meaning only legal adoption can ensure they receive the benefits from your estate should you pass away unexpectedly. This is especially important in blended families where stepchildren live with their stepparents. A stepchild is not considered a descendant, but if they are eligible for adoption, finalizing the process ensures your wishes are honoured and prevents your family from facing lengthy and expensive litigation.
Beyond the legal benefits, adoption can be one of the most meaningful decisions adoptive parents make. It offers the opportunity to change a child’s life by providing a safe and supportive home. Adoptive parents also gain the assurance that their relationship with their child is legally recognized and protected. For many, the ultimate benefit is the fulfillment that comes from building a family and caring for a child.
The Adoption Process
Adoptions involve several steps before a judge can approve an application and issue a final adoption order. These steps include background checks, obtaining consent from the child’s guardians and / or parents, preparing and serving the application, and potentially performing a home study report or attending a hearing before a judge. To learn more about the processes and timelines for private adoption, check out this resource published by the Government of Alberta. Seeking legal assistance during this process is often advisable, as a lawyer can help ensure all the requirements have been met and submitted on time. Lawyers can also provide valuable insight into what the courts expect and potential complications that may arise.
Adoption is a lengthy process that requires strong organizational skills to navigate. Throughout this journey, you may need assistance with procedural elements such as serving a guardian, preparing an affidavit, or understanding what can and cannot be included in an adoption contract. The legal coaches at Coach My Case are knowledgeable and experienced in supporting self-represented individuals at every stage of their adoption process. Book your free 20-minute consultation online or by phone today!
