S.M. 1997, c. 47
THE ADOPTION AND CONSEQUENTIAL AMENDMENTS ACT
Table of Contents
PART 1 | |
INTERPRETATION AND ADMINISTRATION | |
1 | Definitions |
2 | Purpose of the Act |
3 | Best interests of child |
ADMINISTRATION | |
4 | Director |
5(1) | Duties of director |
(2) | Inspection powers |
(3) | General powers of director |
(4) | Delegation by director |
6 | Proceedings re furnishing information prohibited |
7(1) | Central adoption registry |
(2) | Information on registry |
8(1) | Children's advocate |
(2) | Part I.1 of Child and Family Services Act applies |
9(1) | Licence required for adoption agency |
(2) | Appeal to Social Services Advisory Committee |
(3) | Action by Social Services Advisory Committee |
(4) | Continuity of adoption services |
PART 2 | |
GENERAL ADOPTION PROVISIONS | |
10 | Adult may adopt a person |
11 | Child to reside in Manitoba prior to adoption application |
CONSENTS | |
12 | Consents required for adoption of permanent ward |
13 | Consents required for other adoptions |
14 | Effect of consent to be explained |
15 | Certification of consents |
16 | Time of execution of consent |
17 | Affidavit of execution of consent |
18 | Copy of consent to director |
19 | Waiver of parent's consent |
20 | Dispensing with consent of person 12 years of age or older |
21 | Wishes of child under 12 to be taken into account |
22(1) | Withdrawal of consent |
(2) | Child to be returned if consent withdrawn |
23 | Consent executed outside Manitoba |
DECLARATION OF PARENTAGE | |
24 | No placement pending declaration of parentage |
25 | No adoption pending declaration of parentage |
NOTICE TO BIRTH FATHERS | |
26(1) | Notice to birth father |
(2) | Giving notice |
(3) | Where notice not required |
(4) | Dispensing with notice of proposed adoption |
APPLICATION FOR ADOPTION | |
27 | Service on person required to consent |
28(1) | Surviving person may apply for order of adoption |
(2) | Order in names of surviving and deceased person |
29 | Order where one applicant dies |
ORDER OF ADOPTION | |
30(1) | Order of adoption |
(2) | Adoption order in prescribed form |
(3) | Surname of adopted child |
(4) | Distribution of order |
STATUS OF ADOPTED CHILD | |
31(1) | Status of adopted child |
(2) | How relationships determined |
(3) | Reference in will or other document |
(4) | Application of section |
(5) | Exception where adoption by spouse |
(6) | Exception re prohibited marriages |
(7) | Other provisions do not affect right to inherit |
ADOPTIONS OUTSIDE MANITOBA | |
32 | Adoptions outside Manitoba |
OPENNESS AGREEMENTS | |
33(1) | Openness agreements |
(2) | When openness agreement made |
(3) | Consent of child 12 years and older |
(4) | Consideration of child's views |
(5) | Copy of agreement to director |
FINANCIAL ASSISTANCE | |
34 | Financial assistance for a person adopting a child |
PART 3 | |
CATEGORIES OF ADOPTIONS | |
DIVISION 1 | |
ADOPTION OF PERMANENT WARD | |
35 | Placement and adoption of permanent ward |
36 | Application for placement |
37 | Homestudy conducted |
38 | Copy of homestudy |
39 | Where applicant suitable |
40 | Review by director |
41 | Foster parent adoption |
PLACEMENT OF CHILD | |
42 | Placement of child |
43(1) | Manitoba placement preferred |
(2) | Proposed placement outside Manitoba |
(3) | Proposed placement outside of Canada |
44(1) | Placement following voluntary surrender of guardianship |
(2) | Placement before agreement signed |
(3) | Withdrawal of voluntary surrender of guardianship |
45 | Adoption placement agreement |
46 | Date of placement |
47(1) | Removal of child |
(2) | Director may review |
48 | Supervision of placement |
APPLICATION FOR ADOPTION ORDER | |
49(1) | Application for adoption order |
(2) | Time for making application |
50 | Documents filed in support of application |
DIVISION 2 | |
PRIVATE ADOPTIONS | |
51 | Who may place |
PLACING A CHILD FOR ADOPTION OUTSIDE OF MANITOBA | |
52(1) | Application to approve out of province placement |
(2) | Proposed placement within Canada |
(3) | Proposed placement outside of Canada |
PLACING A CHILD FOR ADOPTION IN MANITOBA | |
53(1) | Receiving person to notify agency |
(2) | Form of notification |
54(1) | Placing person to notify agency |
(2) | Form of notification |
55 | Director may waive or extend time for notification |
56 | Duties of agency |
57 | Consideration of homestudy previously prepared |
58 | Copy of homestudy |
59 | Placement approved |
60 | Placement not approved |
61 | Review by director |
WHEN CHILD MAY BE PLACED FOR ADOPTION | |
62(1) | Placement after consents given |
(2) | Exception |
63 | Date of placement |
64 | Supervision of placement following approval |
APPLICATION FOR ADOPTION ORDER | |
65(1) | Application for order of adoption |
(2) | Extension of time |
66 | Service of application for order of adoption |
67 | Documents in support of application |
68 | Order of judge |
DIVISION 3 | |
INTERCOUNTRY ADOPTIONS | |
ADOPTIONS WITHIN THE SCOPE OF THE HAGUE CONVENTION | |
69 | Hague Convention adoption |
70(1) | Conversion of adoption |
(2) | Documents in support of application |
ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION | |
71(1) | Application for placement from another country |
(2) | Provisions of Division 1 apply |
72(1) | Application in another country |
(2) | Copy of homestudy |
DIVISION 4 | |
DE FACTO ADOPTIONS | |
73(1) | Application |
(2) | Consent |
74 | Service of application |
75 | Investigation by agency |
76 | Documents in support of application |
77 | Order of judge |
DIVISION 5 | |
EXTENDED FAMILY ADOPTIONS | |
78 | Placement of a child with member of extended family |
79 | Where director's approval required |
80(1) | Applying for director's approval |
(2) | Proposed placement within Canada |
(3) | Proposed placement outside of Canada |
81 | Application for order of adoption |
82 | Service of application |
83 | Matters to be considered |
84 | Time requirements |
85 | Documents in support of application |
86(1) | Report of agency |
(2) | Choosing agency |
87 | Order of judge |
DIVISION 6 | |
ADOPTION BY PERSON WHO HAS MARRIED CHILD'S PARENT | |
88 | Application |
89 | Service of application |
90 | Documents in support of application |
91(1) | Report of agency |
(2) | Choosing agency |
92(1) | Application for access |
(2) | Access order |
DIVISION 7 | |
ADOPTION OF AN ADULT | |
93 | Application |
94(1) | Conditions for adoption of adult |
(2) | Support during minority to be considered by judge |
95 | Director not served |
96 | Documents filed in support of application |
97 | Effect of order |
PART 4 | |
CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTRY | |
98 | Definitions |
99 | Conflict with Freedom of Information Act |
ADOPTION PROCEEDINGS | |
100(1) | Adoption proceedings open |
(2) | Proceedings re offences |
(3) | Reporting not to identify persons involved |
COURT RECORDS | |
101 | Court records are confidential |
102(1) | Court order required to search court records |
(2) | Court may issue certified copy of order |
ADOPTION RECORDS IN CUSTODY OR CONTROL OF DIRECTOR OR AGENCY | |
103(1) | Records of director or agency |
(2) | Records to be maintained separately |
104(1) | Exception re disclosure of identifying information |
(2) | Exception re disclosure of non-identifying information |
105(1) | Exception re disclosure for research purposes |
(2) | Agreement required |
106 | Protection from liability |
CONTACT BY THE DIRECTOR | |
107 | Contact by the director |
POST-ADOPTION REGISTRY | |
108 | Post-adoption registry continued |
109 | Information on registry |
110 | Disclosure of information from registry |
111 | Persons entitled to register |
DISCLOSURE VETOES | |
112(1) | Disclosure veto |
(2) | Filing veto on post-adoption registry |
(3) | Statement filed with veto |
(4) | Non-identifying information given when veto filed |
(5) | Cancelling veto |
(6) | Veto continues after death |
(7) | Effect of disclosure veto |
CONTACT VETOES | |
113(1) | Contact veto |
(2) | Filing veto on registry |
(3) | Statement filed with veto |
(4) | Information given where veto filed |
(5) | Cancelling veto |
(6) | Prohibitions |
REGISTRY SERVICES WHERE ADOPTION ORDER MADE UNDER THIS ACT | |
114 | Registry services if adoption order under this Act |
115 | Information provided subject to disclosure veto |
REGISTRY SERVICES WHERE ADOPTION ORDER MADE UNDER PREDECESSOR ACT | |
116 | Registry services if order under predecessor Act |
117 | Registrations with respect to same adoption |
118 | Efforts to locate persons |
119(1) | Requesting information about a deceased person |
(2) | Exception |
PART 5 | |
OFFENCES AND PENALTIES | |
120(1) | Paying or accepting payment for an adoption |
(2) | Exception |
121 | Placing child outside of Manitoba |
122 | Identifying person involved in adoption proceeding |
123 | Contravening a contact veto |
124 | Operating adoption agency without a licence |
125(1) | Advertising |
(2) | Exception |
126(1) | Penalty |
(2) | Continuing offence |
(3) | Offence by an officer, etc. of corporation |
(4) | Limitation period |
PART 6 | |
REGULATIONS | |
127(1) | Regulations |
(2) | Agency regulations |
(3) | Conflict with Corporations Act |
(4) | Application of regulations |
PART 7 | |
TRANSITIONAL PROVISIONS | |
128 | Definition of "former Act" |
129(1) | Placement under the former Act |
(2) | Consent under former Act |
(3) | Court application under former Act |
130 | Consents under the former Act |
PART 8 | |
CONSEQUENTIAL AMENDMENTS | |
131(1) | Consequential amendments, C.C.S.M. c.C80 |
(2) | |
(3) | |
(4) | |
(5) | |
(6) | |
(7) | |
(8) | |
(9) | |
(5) | Disclosure re adoption records |
(10) | |
16(1) | Voluntary surrender of guardianship by parents |
(11) | |
(12) | |
(13) | |
(14) | |
(10.1) | Child returned |
(15) | |
(16) | |
(17) | |
(2.1) | Access by adoption agency |
(18) | |
(19) | |
(20) | |
(21) | |
(22) | |
(23) | |
(22) | Retention, storage and destruction of records |
(24) | |
132(1) | Consequential amendments, C.C.S.M. c. F20 |
(2) | |
(3) | |
(8) | No declaration where child placed for adoption |
133 | Consequential amendment C.C.S.M. c. I85 |
134 | Consequential amendment C.C.S.M. c. V60 |
PART 9 | |
C.C.S.M. REFERENCE AND COMING INTO FORCE | |
135 | C.C.S.M. reference |
136 | Coming into force |