Customary Adoption

In the Aboriginal culture, customary adoption is a vital aspect and is thus prevalent in Aboriginal communities. The case of Re Tagornack outlines the four criteria for a customary adoption to have legal implications and take effect:

• Proof that the custom existed back in time as far as living memory;
• It must be a reasonable custom;
• It must be “certain in respect of its nature generally, as well as in respect of the locality where it is alleged to obtain and the person whom it is alleged to affect;" and,
• It must have never been interrupted since it started.

What was noteworthy about the case was that the judge rules in favor of the customary adoption despite the father not being from Indian or native background. The judge ruled in favor of the adoption due to the fact that the father had accepted the native customs and the native people had accepted him. Everyone involved in the adoption, namely the prospective parents and the community, stood behind the adoption.

The court in Tagornack also strengthened its position by citing the Constitution Act 1982 section 35(1) which states as follows:

35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.

To learn more about customary adoption as well as the services provided by Krol & Krol, call 905.707.3370 today.