Top Four FAQs for Stepparent Adoptions in Ontario

Gilbertson Davis LLPAdoption, Family Law0 Comments

Many modern blended families wish to reflect their emotional bonds through the adoption of children by their stepparents. Here are four key things to know about stepparent adoptions. The Consent of both parents is required. To proceed with a stepparent adoption of a child, you need to obtain the consent of both of the child’s parents, not just the consent of your spouse. You need to obtain the consent of both parents, even if one parent has not been involved in the child’s life. Often, one parent will refuse to provide their consent or not respond to the request to dispense with their consent. If you are unable to obtain the consent of a parent, you will need to start court proceedings to ask the court to dispense with that parent’s consent to the adoption. The Consent of the Child may be required. If a child is over seven years … Read More

Stepparent Adoptions: Dispensing with a Parent’s Consent

Gilbertson Davis LLPAdoption, Family Law0 Comments

In Ontario, a stepparent who wants to adopt a stepchild less than sixteen years of age needs to obtain the consent of both of the child’s biological parents. Often, one parent will refuse to provide their consent or will not respond to the request to dispense with their consent. If one of the parents does not provide their consent to the adoption, the stepparent will need to ask the court to dispense with that parent’s consent. The court may do so if they are satisfied: The adoption is in the child’s best interests and The parent whose consent is required has received notice of the proposed adoption and of the application to dispense with consent, or a reasonable effort to give notice has been made. The stepparent must meet both criteria for the court to dispense with a parent’s consent to the adoption. The onus is on the stepparent who … Read More