Adopting a Child in Canada: Navigate Emotional, Legal, and Practical Steps with Confidence

"Adoption is not a solution to infertility," said family formation attorney Janene Oleaga, "adoption is a calling."

For individuals and families that don't have the ability or aspiration to naturally conceive, that quote might particularly resonate. Adoption can be an appealing option for couples looking to build a family, but it's heavily affected by the series of decisions and assessments that determine who is a suitable candidate—and not everyone is. Sometimes, even those who are confident in their ability to provide a home for a child don't meet the requirements set out by the government or relevant adoption authorities.

If you or a loved one are looking into the possibility of adopting, here is what you need to know about the process in Canada and the practical steps that need to be taken – legally, mentally and emotionally.

Adoption in Canada: Open vs. Closed Adoptions

Adoption is defined in Canada as the legal process of severing ties between a child and their birth parents—who are unable or unwilling to care for the child—and creating new ties between a child and people who are not their birth parents.

There are 5 general types of adoption in Canada:

1. Public (domestic): The adoption of a child in the permanent care of a welfare system
2. Private (domestic): The adoption of a child through an agency or licensee
3. International: The adoption of a child in another country
4. Stepchild adoption: The adoption of your spouse's child
5. Kinship adoption: The adoption of a birth relative

Each type of adoption falls within one of two categories: open or closed. An open adoption involves some extent of continuous communication with the child's birth parents/significant member(s) in their life, whereas there is no form of contact in a closed adoption.

The laws surrounding adoption within Canada do slightly differ from province to province, so it's important to familiarize yourself with the rules and regulations in your provincial division -- especially since no provincial adoption authority is the same. The legal aspects of international adoption, on the other hand, entirely depend on what country you're looking to adopt from, which you will be informed of by the agency or licensee you choose to go through.

How to determine your eligibility to adopt in Canada

Under the Federal Adoption Act, individuals looking to adopt within Canada need to meet the following requirements:

1. Be a citizen or permanent resident of legal age in the province or territory where the adoption is set to occur
2. Pass a background, criminal record, and medical check
3. Take mandatory courses for training (e.g., Parent Resource for Information, Development, and Education (PRIDE)
4. Complete a Mutual Family Assessment (e.g., SAFE Home Study Process)

The training courses such as PRIDE ensure that prospective adoptive parents have a well-rounded understanding of their adoption options and the processes and implications within each. Some areas these courses cover include: information about welfare systems and laws, the effects of neglect, abuse and institutionalization, and the importance of cultural and racial awareness.

Anna Shin, a private adoption practitioner in Ontario, says that the home study process can usually be completed in conjunction with the mandatory training courses. She describes the process as a psychological assessment that determines if a couple or applicant is safe and suitable for adopting a child. "The process itself can be very invasive because we are looking into things like their past traumas," says Shin, "but people have to go through it to become eligible to become adopted parents."

What are the steps involved to adopt in Canada?

The initial steps to beginning an adoption journey in Canada vary slightly based on which of the five types you're pursuing.

When seeking out a public adoption, you'll want to contact your local society (e..g, Children's Aid Society), whereas for a private adoption, you'll need to go through an agency or a licensee to begin the application process. Next for both public and private domestic routes is guidance toward the home study process and mandatory training, which both need to be cleared before working with an adoption practitioner to find a match.

The matching and placement process for adoption is based on multiple factors, such as the child's needs and parents' preferences. With that said, Canadian family law will prioritize the best interests of the child to a higher degree.

International adoption holds no public option, requiring all applicants to go through a private agency or licensee. Family lawyer Teneil MacNeil says that the first step of the process is to contact your provincial or territorial adoption centre authority, who will tell you if you need to contact a licensed adoption agency, as well as inform you of the adoption laws in the country where you want to adopt. "Not all countries allow international adoptions, some have suspensions or restrictions in place," says MacNeil.

Once the adoption process is complete—which pretty much runs parallel to a domestic adoption in terms of training and the home study—the individual can then apply to bring their child to Canada. MacNeil says that some adoptive parents are eligible to bring their children to Canada using the citizenship process, while others need to use the immigration process.

Bringing adoptees home: Citizenship or immigration?

Once the adoption process is complete, you can apply to bring your child to Canada. Some adoptive parents are eligible to bring their children to use the citizenship process – which grants citizenship to the adopted child – while others must use the immigration process, sponsoring the child to become a permanent resident before being eligible to apply for their citizenship. Determining which process is right is up to each individual family, except under certain circumstances.

The citizenship process must be used if:

• the adopted person won't be living in Canada right after the adoption and citizenship processes are complete

The immigration process must be used if:

• No parenting party was a Canadian citizen when the adoption took place
• You are subject to the first-generation limit to citizenship by descent unless you are eligible to benefit from one of the exceptions to the first-generation limit
• Parents are permanent residents at the time of adoption

How long does the adoption process take in Canada?

Unsurprisingly, adopting a child is a lengthy process that requires some patience for all involved. Unfortunately, there is no set length of time for the adoption process in Canada as each circumstance is unique. Adopting within the country could take at least a year, while overseas adoptions take even longer – up to two years.

How much does adoption cost in Canada?

Just as every family's adoption journey is different, so are the associated financial costs. Public domestic adoptions through government agencies are usually free, while private domestic adoptions range from around $10,000 to $25,000. Adopting internationally costs approximately $25,000 to $50,000.

While the type of adoption that applicants pursue is entirely up to them, Shin says that financial capacity typically plays a large role in that choice. Some fees that may arise include fees paid to adoption agencies, administrative expenses, document translation fees, and travelling and living expenses.

While the expenses associated with adoption may make this option feel out of reach for some, there are resources in place to help those who want to adopt make it financially feasible. For example, there is an adoption loan program that runs through the National Bank of Canada. It is also advisable to make a budget plan before or during the adoption process to mitigate financial difficulties down the road.

What supports are available to adoptive parents in Canada?

Shin says there is a "vast bucket" of emotional challenges that applicants face during the adoption process. "Adoption in itself is very challenging because you have to jump through a lot of hoops in order to be able to do so," she says, "and it's not guaranteed that you will be matched with a child." Shin adds that a lot of applicants are coming out of infertility issues, which comes with a huge loss of control.

Oleaga highlights how difficult the conversations can be with parents who have experienced infertility. "It's hard meeting with parents who want to have a consult about potentially adopting when they really haven't mourned the loss of their struggle to have genetic children," she says. Oleaga always advises counselling for these patients.

Counselling services can be a crucial factor in navigating the feelings surrounding infertility. Oleaga says certain social workers focus their services on non-traditional family building, such as adoption services and egg donation.

The emotional implications of adoption take on a whole different form in the children themselves. MacNeil says that adoptive parents never really know what their children are going to come to the table with. "If you adopt from birth you could be dealing with fetal alcohol or attachment issues," says MacNeil, "and the way that trauma presents in a child's life can really ignite trauma you have experienced in your own life."

MacNeil emphasizes the importance of adoptive parents ensuring that they are not only mentally equipped for this process but also have a support group/support resources around them. She specifically recommends Interwoven Connections and Pathways to Permanence, which provide courses, readings and other resources to adoptive families.

"[Adoption can be] messy, filled with heartbreak and loss ... but is it ever beautiful," says MacNeil discussing the impact adoption has on both a child and their adoptive parents.

Can single people adopt in Canada?

It is important to remember that you don't need to be married or in a long-term relationship to adopt a child in Canada: Single people have just as much of a right to adopt as a two-parent family. With that said, single adoptive parents may be presented with unique challenges, since they generally have only one source of income and take on all parent-related tasks solo.

To mitigate complications associated with single-parenting an adopted child, it is crucial to have a strong support system in place for both practical and emotional assistance. For individuals who may not have a big support network or who are just seeking out additional guidance, resources such as Interwoven Connections have single-parent support groups that can allow single parents and caregivers to connect and lean on one another.

How to prepare your home for an adopted child

Preparing your home for an adopted child can be different than preparing for one that is naturally conceived, especially if they are a little bit older. It is crucial that your child feels safe and welcome in their new environment, so here are some steps that you can take that will transform your house into their home:

• If they're old enough, allow your child to explore their new space so they become familiar with where everything is. This includes opening up closets and drawers, as well as each room in the home
• Don't overdo the decor. Coming into a new environment is likely overwhelming for them as it is so keep things simple and don't overwhelm them with stuff
• Keep their world small at first. Allow them to become comfortable with their new family and new environment before expanding it any further
• Stock up on familiar food. This one especially goes for a child adopted from another country. Help ease the culture shock for your new little one by purchasing food from their country of origin to provide them with somewhat of a sense of familiarity
• Focus on building the parent/child relationship first. Once a solid foundation of a relationship has been built, then introducing extended family members can be an idea thrown in the mix
• Create a routine. Familiarity and repetition will likely help your child settle into their new home and new life with greater ease.

Alternatives to adoption

Adoption is not the only pathway to supporting children in need or starting a non-traditional family in Canada. Foster care and sponsorship programs allow prospective guardians to provide a safe space for kids in transition—and, in many cases, these placements lead to more permanent arrangements.

Experts

• Janene Oleaga, family formation attorney
• Anna Shin, private adoption practitioner
• Teneil MacNeil, family lawyer