By Sean Schaefer
While some adoption agencies and birth mothers favour traditional two-parent families, single women and men have as much of a right to adopt in Alberta as anyone else.
If that is what you want to do, congratulations. But before you start the process, you need to understand the legal ramifications of adopting a child.
Every province has regulations and procedures that govern the adoption process and safeguard the child’s best interests. In Alberta, the Child, Youth and Family Enhancement Act authorizes adoptions and details the process.
To adopt a child it states you must:
- be an Alberta resident;
- be at least 18 years old; and
- demonstrate financial and domestic stability.
Adult adoptees, birth parents, birth family members and adoptive parents can access Alberta adoption records and information through the post-adoption registry.
Challenges of single-parent adoption
Many joys and rewards come with being a parent. At the same time, the position brings many challenges and responsibilities.
Single parents must prove they can provide for the child financially and can spend time with the child without a second parent involved. Expect to be asked about your lifestyle, dating interests and other personal questions during the screening process.
If you have decided to adopt without a partner or spouse, all the responsibilities of the process fall to you. And once your child is home, you must be willing to dramatically adjust your lifestyle to balance work, school, daycare and all the other things that await.
Private adoptions
Alberta has three types of adoption: private, international and government. Private adoption allows you to adopt a child of a spouse or relative, or adopt a child through a private direct placement or licensed adoption agency.
The team at Demas Schaefer can assist with direct placement and step-parent/relative adoption. This can be used if you are interested in adopting the child of a spouse or relative (for example, grandchild, niece, nephew, great niece or nephew). The parents involved privately make a legal agreement with the birth parents voluntarily giving that child(ren) to another person or couple.
An Application for Adoption in Alberta consists of:
- the Adoption Order;
- the Affidavit of Applicant(s);
- the consent to adoption by the guardians or former guardians;
- family and Medical History of the Child;
- the results of a criminal record check for the Applicant; and
- if the child is indigenous, a cultural connection plan.
Other documents may be required depending on the specific circumstances of your adoption. We can assist you with determining whether additional documents need to be submitted with your application.
An adoption order cannot be made without the consent of:
- all of the guardians of the child;
- if the person applying for the adoption order is the sole guardian, then all former guardians of the child; or
- the child if they are 12 years of age or older.
The guardians' consent must be recorded using the proper forms, downloadable here. The consent forms should be executed with a lawyer who can provide independent legal advice.
If the child needs to provide consent they must seek independent legal advice. This can typically be done by the same lawyer who is drafting and completing the adoption application.
If consent is given outside of Alberta, it will be accepted in Alberta as long as the form of consent is valid in that other jurisdiction.
Adoption agency process
If you are adopting a child through a licensed adoption agency you can expect a nine-step process involving:
- Contacting an adoption agency to initiate the process.
- Attending information sessions to learn about the adoption process and the criteria to apply.
- Completing criminal record and intervention record checks.
- Undergoing medical exams, as well as providing financial information and references.
- Completing whatever training is required as part of your approval for adoption.
- Having a social worker assess your skills as a potential parent with a home study report. The government states “you can expect to pay approximately $3,000 for a home study report through a licensed adoption agency.”
- Once approved, you will be eligible to be considered by expectant/birth parents with no guarantee you will be selected as the adopted parent.
- With newborns, the adoption agency will meet with the birth parents to confirm their adoption plan after the baby is born, with placement with the adopted parents often occurring at the hospital. A transition plan is put in place with older children.
- The adoption agency will work with you to prepare and file the court application, including visiting you in the home to prepare a post-placement report.
International adoption
Adopting a child from another country can be extremely complex depending on the regulations governing adoption in that nation. Single adults looking to adopt may be refused since some countries will only release children to two-parent families.
According to the provincial government, Alberta Adoption and Permanency Services will:
- Study all applications for international adoption.
- Authorize a home study report on prospective adoptive parents, if appropriate.
- Review and approve adoptive parents as well as information about the children they hope to adopt.
- Work with families to determine whether a match is suitable and provide documentation to Immigration, Refugees and Citizenship Canada.
- Work with foreign jurisdictions, the federal government and immigration officials to ensure that the requirements of Alberta legislation and the Hague Convention on Intercountry Adoption are met.
For more information on the risks and challenges associated with this form of adoption, consult the International Adoption Guidebook for Alberta Families.
Adopt a child in government care
Sometimes children are not able to live with their biological families and are placed in the permanent care of Alberta Children and Family Services. Some of these children are available for adoption placement.
You can adopt a child in government care but they all have special needs. That could include:
- staying together with their siblings;
- prenatal exposure to drugs and alcohol, physical, sexual and emotional abuse and neglect; and/or
- medical, physical, developmental, behavioural, learning or emotional problems.
Number of adoptions in Alberta
The provincial government states that from April 1, 2023 to March 31, 2024:
- 139 Adoption Orders were granted for children who were in the care of Children and Family Services;
- 52 were adopted through licensed adoption agencies;
- 128 were adopted privately;
- 63 children were adopted internationally from 22 countries, including 12 from Nigeria.
Contact us for assistance
Adoption is one of the most fulfilling tasks family lawyers can assist with. If you are looking to adopt either as a single person or as a couple, the lawyers at Demas Schaefer are here to help. Contact us for a free consultation.