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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| (2) | Child to be returned if consent withdrawn |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 |