J. Adoption Flashcards
What are the consequences of an Order of Adoption?
Sever ALL legal ties between Adoptive Child + Birth Parents
Relieve ALL rights + obligations by Birth Parents
- Financial support
- Right of contact
What are surrogate parenting contracts? Are they allowed?*
Biological parent enters written agreement to join in creation of Child for adoption purposes
NOT allowed if;
- Contrary to public policy
- Void (fraud/duress)
- Unenforceable
- Regardless of payment of compensation
Who may adopt?
- Single adult
- Married adults
- Unmarried (intimate partners) adults
Who may be adopted?
- Minor
- Adult
From whom must consent be required in adoption?
- Child > 14 years of age
- Parents of Child conceived/born in wedlock
- Mother/Father of Child born out of wedlock
- Person/Authorised agency with lawful custody
UNLESS Child is abandoned by Parent
- Parent had intent to forego parental/custodial rights as manifested by failure for 6 months to visit/communicate with Child
What may be required for Birth Parents to gain access to sealed adoption records?
Good cause
- Genuine medical necessity
Due notice to Adoptive Parents
What info may be disclosed to Adoptive Parents regarding Child?
Child’s medical history
Info re Birth Parents at time of birth
- Heritage
- Education
- General physical appearance
- Occupation
- Health
- Medical history
How may Child seek info re Birth Parents?
Through Adoption Information Registry
- NON-identifying info re Birth Parents
- Child must be 18 years of age
NOT through sealed adoption records
When may Child and Birth Relatives continue to have contact?
1) Terms of agreement incorporated into written order
2) Contact in Child’s best interests
UNLESS parental rights are terminated
What is required for Post-adoption relationships, even if Birth Parent surrendered Child?*
1) Post-adoption must comply w/ originally agreed terms during surrender
2) Surrendering Parent must record that Child was surrendered knowingly (NO duress)
What is required for Birth Parents to surrender Child for adoption?*
True causal nexus between;
1) D’s actual behaviour
- Substance abuse
- Mental health issues
- Domestic violence
2) Alleged impairment/imminent danger of impairment towards Child’s mental/emotional/physical condition