Information on adoptions and what happens to adopted child(ren) if there is a breakdown in the marriage?

(a) Information on adoptions

There are four ways in which a child may be adopted in Ontario. They are as follows:

1) By a family member or step-parent. In making this determination on Application, a court will focus on the best interests of the child.

2) Through a Children’s Aid Society. For example, the Catholic Children’s Aid society and Jewish Family and Child Services.

3) Through a licensed individual or private adoption agency.

4) Through an Ontario licensed international adoption agency and Ontario licensees. For example, Kids Link International Adoption Agency, operating as Imagine Adoption, managed by Mission of Tears.

For contact information of the various international adoption agencies, click here.

(b) What happens to the child(ren) if there is a breakdown in the marriage?

The process of adoption allows for individuals to take on the commitment of being able to care for a child. Through the adoption process, individuals are granted the legal right and responsibility to care for a child.

An adopted child has the same rights throughout the divorce process as any biological child. Negotiations surrounding residency, access and custody are equally applicable to spouses’ biological and adopted children. Furthermore on the issue of child support, by committing to a legally binding adoption, both spouses agree to provide for the child.

For more information on the services provided by Krol & Krol, adopting a child and the rights of adopted children throughout the divorce process, contact Toronto family lawyers at Krol & Krol at 905.707.3370.