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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)
(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(2) Child to be returned if consent withdrawn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
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 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
131 to 134
PART 9
C.C.S.M. REFERENCE AND COMING INTO FORCE
135 C.C.S.M. reference
136 Coming into force