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Important Adoption Issues

Who can adopt in Manitoba?

  • Applicants must be 18 years of age or older
  • Applicants can be married, common-law or single.
  • Applicants must be Manitoba residents

Do I need a home study to adopt in Manitoba?

Yes. All prospective adoptive parents must complete a home study and attend training before adopting a child in Manitoba. A qualified adoption social worker will conduct your home study and help and together you will discuss your home and community, your marriage relationship and your thoughts about parenting. You will also discuss many other aspects of being parents of an adopted child, such as your knowledge of adoption issues, including those of separation and loss and their effect on behaviour and development. As part of the home study process you will be required to provide information such as medical reports from your doctor, financial statements, police checks and letters from references. Following the home study process, the agency’s social worker will give the agency a report that includes a recommendation about placing the child with you. You are entitled to a copy of the report.

What does an Openness Agreement mean in Manitoba?

An openness agreement is not mandatory in Manitoba but is encouraged by both the public and private agencies. According to the province’s Adoption Act an openness agreement is for the purpose of facilitating communication or maintaining relationships. an openness agreement may be made in writing between an adoptive parent or a prospective adoptive parent and any of the following:

  • a birth parent of the child;
  • if a child and family services agency has permanent guardianship of the child by court order, a member of the extended birth family of the child who is approved by that agency;
  • any other person who has established a meaningful relationship with the child; • a prospective adoptive parent or an adoptive parent of a minor sibling of the child;
  • if the child is, or is entitled to be a member of an Indian band as defined in the Indian Act (Canada), a member of that Indian band.

Who must give consent to an adoption in Manitoba?

Generally, for the adoption of a child in, consents are taken from:

  • the birth mother
  • the birth father
  • any person appointed as the child’s guardian
  • the child, if he/she is 12 years of age or older

Note: Where the child is in the continuous custody of a Director under the Child, Youth and Family Services Act, the only consents required are the Director’s consent and the child’s consent (where he/she is 12 or more years of age).

Can adoption consents be withdrawn?

Yes. A birth parent or guardian in Manitoba can withdraw their consent to place their child for adoption within 21 days after signing the consent papers.

What about a birth father’s rights in Manitoba?

By law in Manitoba, a birth father must be given notice of the proposed adoption of the child. Notice to a birth father is not required if he voluntarily consents or the child is already a permanent ward by court order. In the instances where it’s in the best interests of the child or the birth father cannot be located after reasonable efforts have been made, a judge can decide not to dispense with notice to the birth father.

Can prospective adoptive parents advertise their desire to adopt in Manitoba?

No. Manitoba’s Adoption Act states that no person shall publish an advertisement dealing with the placement or adoption of a child.

Can the agency or adoptive family help with a birth parent’s expenses?

No. It is illegal to give or receive or even offer to give or receive payment to procure a child in Canada.


 



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