C.C.S.M. c. A2
| |
|
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| Repealed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| Repealed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| Child to be returned if consent withdrawn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
|