Step Parent
What are Step Parent Adoptions?
In Ontario, step-parent adoption is a legal process that allows a step-parent to become the legal parent of their spouse’s child. The process involves, in most cases but not all, obtaining consent from the child’s other biological parent and obtaining a court order. The steps involved in step-parent adoption in Ontario are:
Step 1: Obtaining Consent
The first step in the process of step-parent adoption is to obtain consent from the child’s other biological parent. You do not need to obtain their consent if you already have a court order terminating their parental rights. If the other biological parent is alive and has legal rights over the child, their consent will be required before the adoption can proceed. In some cases, the biological parent may be willing to provide consent, while in others, they may refuse.
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If the biological parent refuses to give consent, the adoption cannot proceed unless the court orders that their consent is not required. In such cases, the court will consider the best interests of the child and other relevant factors before making a decision.
Step 2: Filing the Application
Once consent is obtained, the step-parent can file an application with the court to adopt the child. The application should include all necessary forms and documents, including a copy of the child’s birth certificate, the step-parent’s marriage certificate, and the written consent of the biological parent.
Step 3: Completing a Home Study
Before the adoption can be finalized, the court will require a home study to be completed. This involves an assessment of the step-parent’s home and family situation to ensure that it is a suitable environment for the child. The home study may include interviews with family members, a review of the step-parent’s criminal record, and a home inspection.
Step 4: Attending Court
Once the home study is completed, the step-parent and the child will need to attend court for a hearing. At the hearing, the court will review the application, the home study, and any other relevant information before making a decision.
If the court is satisfied that the adoption is in the best interests of the child, it will issue an order granting the adoption. Once the adoption order is granted, the step-parent will become the legal parent of the child, and the child’s birth certificate will be amended to reflect the change in parentage.
Step-parent adoption can be a complex and emotional process, but it can provide important legal and emotional benefits for both the step-parent and the child. If you are considering step-parent adoption in Ontario, it is important to obtain legal advice from an experienced family law lawyer who can guide you through the process and ensure that your rights and interests are protected.
If you are thinking of step-parent adoption and are interested in booking a consultation, please contact us.
