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(3) | Repealed | |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(2) | Child to be returned if consent withdrawn | |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 Freedom of Information and Protection of Privacy Act | |
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 |