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C.C.S.M. c. A2
The Adoption Act
| 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| 8 | Repealed | |
| 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| (3) | Repealed | |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 | |
| 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| (2) | Child to be returned if consent withdrawn | |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 | |
| CATEGORIES OF ADOPTIONS | ||
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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 | |
| 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" | |
| 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 | |
| REGULATIONS | ||
| 127 | (1) | Regulations |
| (2) | Agency regulations | |
| (3) | Conflict with Corporations Act | |
| (4) | Application of regulations | |
| 128 to 130 | Repealed | |
| CONSEQUENTIAL AMENDMENTS | ||
| 131 to 134 | ||
| C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
| 135 | C.C.S.M. reference | |
| 136 | Coming into force | |