J. Adoption Flashcards

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1
Q

What are the consequences of an Order of Adoption?

A

Sever ALL legal ties between Adoptive Child + Birth Parents

Relieve ALL rights + obligations by Birth Parents

  • Financial support
  • Right of contact
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2
Q

What are surrogate parenting contracts? Are they allowed?*

A

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
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3
Q

Who may adopt?

A
  • Single adult
  • Married adults
  • Unmarried (intimate partners) adults
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4
Q

Who may be adopted?

A
  • Minor

- Adult

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5
Q

From whom must consent be required in adoption?

A
  • 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

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6
Q

What may be required for Birth Parents to gain access to sealed adoption records?

A

Good cause
- Genuine medical necessity

Due notice to Adoptive Parents

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7
Q

What info may be disclosed to Adoptive Parents regarding Child?

A

Child’s medical history

Info re Birth Parents at time of birth

  • Heritage
  • Education
  • General physical appearance
  • Occupation
  • Health
  • Medical history
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8
Q

How may Child seek info re Birth Parents?

A

Through Adoption Information Registry

  • NON-identifying info re Birth Parents
  • Child must be 18 years of age

NOT through sealed adoption records

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9
Q

When may Child and Birth Relatives continue to have contact?

A

1) Terms of agreement incorporated into written order
2) Contact in Child’s best interests

UNLESS parental rights are terminated

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10
Q

What is required for Post-adoption relationships, even if Birth Parent surrendered Child?*

A

1) Post-adoption must comply w/ originally agreed terms during surrender
2) Surrendering Parent must record that Child was surrendered knowingly (NO duress)

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11
Q

What is required for Birth Parents to surrender Child for adoption?*

A

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

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