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Adopting in the Yukon

Important Adoption Issues

Who can adopt in the Yukon?

  • Applicants must be 19 years of age and be a resident of the Yukon.
  • Applicants can be single, common law, married or a same sex couple

Do I need a homestudy to adopt in the Yukon?

Yes. All prospective adoptive parents must complete a homestudy before adopting a child in the Yukon. You will meet with, and be interviewed by a licensed social worker several times (6 to 10 times minimum) to discuss a variety of topics including your relationship with spouse/partner, your family and childhood, your financial and employment situation, your health, lifestyle and home, your interests, your parenting styles and attitudes, as well as your understanding of open and closed adoptions. You'll also discuss your motivation for adopting as well as the characteristics of the child(ren) that would be the best match for your family.

Can an open adoption be arranged in the Yukon?

Yes. In the Yukon, an openness agreement can be made in order to ensure communication and relationships continue. The agreement must be made only after the consent is given and before the adoption order is granted and is an agreement between the adoptive parents and another party (birth parent(s), a relative of the child, guardian etc.,). An openness agreement must also include a process for resolving disputes related to the agreement and a child, if over the age of 12 years old, must consent to the openness agreement.

Who must give consent for an adoption in the Yukon?

The consent of each of the following is required for a child’s adoption:

  • the birth mother;
  • the father;
  • the child, if he/she is 12 years of age or over;
  • any person who has custody of the child

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).

When can consents be given for an adoption?

A birth mother’s consent to the adoption of her child is valid only if the child is at least 7 days old when the consent is given.

Can adoption consents be withdrawn?

Yes. A person who has consented to a child's adoption may withdraw their consent no later than 21 days after the consent was given. This revocation must be in writing and received by a director or an adoption.

What about the rights of birth fathers?

In the Yukon, a father is required to consent to the adoption of a child. According to the Yukon's Child and Family Services Act, a father, for the purpose of giving consent to an adoption is anyone who

(a) has acknowledged paternity by signing an Acknowledgement of Paternity and Joint Request by Parents for Birth Registration;

(b) is or was the person with custody or joint custody of the child with the birth mother;

(c) has acknowledged paternity and has custody or access rights to the child by court order or agreement;

(d) has acknowledged paternity and has supported, maintained or cared for the child
voluntarily or under court order; or

(e) has acknowledged paternity and is named by the birth mother as the child’s father.

Can a child be placed for adoption outside of the Yukon?

Rarely. According to the Yukon's Health and Social Services Department, it is policy to find homes for children within the territory. Children can be placed with relatives living outside the Yukon or with a family outside the territory if there are no appropriate homes for the child.

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

Yes. Adoptive parents can network and advertise but this will change when the new legislation is proclaimed. The revised Child and Family Services Act states: "A person shall not publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a child."

Can an 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 the Yukon and Canada.

 

 
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