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The Adoption Act

C.C.S.M. c. A2

The Adoption Act

PART 1
INTERPRETATION AND ADMINISTRATION
1 (1) Definitions
(2) Determining appropriate child and family services agency
(3) Registered common-law relationship
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
(1.1) Appeal to appeal board
(2) Appeal to appeal board
(3) Repealed
(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(2) Child to be returned if consent withdrawn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 or common-law partner
(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
77.1 Definition of "applicant"
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
82.1 Investigation by agency
83 Period of residence
84 Time requirements
85 Documents in support of application
86 Repealed
87 Order of judge
DIVISION 6
ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT
88 Application
89 Service of application
90 Documents in support of application
91 (1) Report of agency
(2) Applicant's preference
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 other Acts
ADOPTION PROCEEDINGS
100 (1) Adoption proceedings closed to public
(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
105.1 Restriction on disclosure of vital statistics documents
106 Protection from liability
CONTACT BY THE DIRECTOR
107 Contact by the director
DISCLOSURE OF PRE-ADOPTION BIRTH REGISTRATIONS
Disclosure to Adult Adoptee Born in Manitoba and Adopted in Manitoba
107.1 (1) Application by adult adoptee born and adopted in Manitoba
(2) Disclosure of pre-adoption birth registration
(3) Exception — disclosure veto filed
(4) Exception — contact veto or preference filed
Disclosure to Adult Adoptee Born in Manitoba but Adopted Outside Manitoba
107.2 (1) Application by adult adoptee born in Manitoba but adopted outside Manitoba
(2) Disclosure of pre-adoption birth registration
(3) Exception — disclosure veto filed
(4) Exception — contact veto or preference filed
Disclosure to Parent of Adult Adoptee Born in Manitoba and Adopted in Manitoba
107.3 (1) Application by parent of adult adoptee born and adopted in Manitoba
(2) Disclosure of birth registration documents
(3) Exception — disclosure veto filed
(4) Exception — contact veto or preference filed
(5) Identifying information of adoptive parent removed
Disclosure to Parent of Adoptee Born in Manitoba but Adopted Outside Manitoba
107.4 (1) Application by parent of adoptee born in Manitoba but adopted outside Manitoba
(2) Disclosure of birth registration documents
(3) Exception — disclosure veto filed
(4) Exception — contact veto or preference filed
(5) Identifying information of adoptive parents removed
Disclosure Upon Application of Adopted Aboriginal Person
107.5 (1) Disclosure upon application by adopted aboriginal person
(2) Who may apply
(3) Director must give information
(4) Disclosure not affected by vetoes or preference
(5) Restrictions on use and disclosure of information
Summary of Birth Information for Adult Adoptee Not Born in Manitoba
107.6 (1) Application by adult adoptee not born in Manitoba
(2) Disclosure of summary of birth information
(3) Exception — disclosure veto filed
(4) Exception — contact veto or preference filed
DISCLOSURE OF ADOPTION ORDERS
107.7 (1) Disclosure of adoption order
(2) Copy of adoption order
GENERAL PROVISIONS
107.8 Document not available
107.9 General requirements for information
108 to 111 Repealed
DISCLOSURE VETOES
112 (1) Disclosure veto
(2) Filing disclosure veto
(3) Statement filed with veto
(4) Non-identifying information given if veto filed
(5) Cancelling veto
(6) Veto terminates one year after death
(7) Effect of disclosure veto
CONTACT VETOES FILED UNDER FORMER ACT
113 (1) Contact vetoes under former Act
(2) Information given when veto filed
(3) Effect of contact veto
(4) Cancelling veto
(5) Prohibitions
CONTACT PREFERENCES
113.1 (1) Contact preference by adoptee or parent
(2) Filing contact preference
(3) Statement filed with contact preference
(4) Information given when preference filed
(5) Effect of contact preference
(6) Cancelling contact preference
(7) Prohibitions
POST-ADOPTION REGISTRY
114 Post-adoption registry continued
115 Purpose of registry
116 Information on registry
117 Disclosure of information from registry
Who May Register to Request a Search
118 Request for search by adult adoptee
118.1 Request for search by birth parents or siblings
119 (1) Request for search by adoptive parent or guardian
(2) Consent of adoptee required if 12 years or older
119.1 (1) Request for search if adoptee has died
(2) Request for search by grandparent if birth parent has died
(3) Proof of death
119.2 Cancelling registration or search request
Limits on Search
119.3 (1) Limits on search
(2) Search of the registry
(3) Search if adoptee under 18
Search Results
119.4 (1) Director to advise of search results
(2) If persons wish to exchange information or be in contact
(3) If contact not desired
DISCLOSURE OF INFORMATION TO OTHER JURISDICTIONS
119.5 (1) Disclosure of information to other jurisdictions
(2) Information-sharing agreement
(3) Information safeguards
(4) Meaning of "personal information"
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
123.1 Contravening a contact preference
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
128 to 130 Repealed
PART 8
CONSEQUENTIAL AMENDMENTS
131 to 134
PART 9
C.C.S.M. REFERENCE AND COMING INTO FORCE
135 C.C.S.M. reference
136 Coming into force