Types of adoption

Adoption choices include various combinations of independent, public or private agency, domestic or international, open or closed adoptions.

Independent (private) adoption

An adoption that is arranged without an adoption agency is called an independent adoption. Your first step toward an independent adoption is learning whether it is legal in your province or territory. If it is legal, learn the details of the independent adoption law in your province or territory—adoption laws vary significantly. Your best resource for independent adoption information is an experienced adoption attorney.

To independently adopt, you must first find a birth mother who is planning to place her baby for adoption. Depending on the laws in your province or territory, you might be permitted to advertise in the paper, ask a local obstetrician or pregnancy crisis centre to pass your information on to prospective birth mothers, or use a professional adoption facilitator or consultant.

You will develop a legal agreement with a birth mother and father (if known, he must be included). Some experts suggest that you pay for adoption counselling for the birth parents, as well as separate legal counsel.

This type of agreement is more risky than an agency adoption because it is not regulated by an adoption agency. In most provinces and territories, a birth mother is not legally required to pay you back if she decides to keep her baby after the birth.

Identified adoption is a variation of independent adoption. After finding a birth mother, you enlist an adoption agency to handle the proceedings. The advantages of this arrangement are the agency's counselling, home study, and legal support services for you and the mother, and less financial risk for you.

Adoption between provinces or territories

Adopting a child from another province or territory is more complex than adopting within your province or territory. Adoption laws from both provinces must be followed carefully for such an adoption to be finalized. You will need an adoption agency or attorney to help you with the process.

Agency adoption

There are many privately funded adoption agencies that can link you to infant and child adoptions locally, in other provinces or territories, and internationally. The social services or health and human services agency is the umbrella organization for publicly funded adoptions of children who live in your province or territory. These children are likely to be in foster care because of maltreatment or neglect. You can find agency information on the Web site of the Adoption Council of Canada (ACC) at www.adoption.ca. Look for non-profit or government-regulated adoption agencies.

Although the agency adoption process is long, it is designed to protect the child's interests, as well as yours and the birth parents'. After filling out extensive paperwork, expect to have an orientation process and a home study. An agency social worker will examine your home life, emotional and physical health, and financial stability. During this series of contacts, your social worker will also advise you on preparations, adoption, adjustment, and parenting issues. A home study can take a few months for an agency to complete.

Depending on whether you plan to adopt an international or Canadian infant or child, you may wait months to years until you hear news of a child. While an international adoption is likely to be finalized before you leave the child's birth country, a Canadian adoption is filed and finalized after you have lived together, usually for at least 6 months. During this period, your social worker will visit and keep in touch with you, ultimately writing a recommendation to the court in support of the adoption. If you have adopted internationally, you will also work with Citizenship and Immigration Canada (CIC).

Open and closed adoptions

If you are adopting within Canada, it is likely that you will have the opportunity to maintain contact with your child's birth parents. You will ideally negotiate an arrangement that works for them, you, and the child.

An open adoption agreement allows some level of communication between the birth mother and your family. Adoptions can be open to varying degrees, from only discussing medical history by phone or mail to regular visitation. A semi-open adoption agreement permits only the exchange of first names and correspondence through the adoption agency. Open adoption is generally considered to be better for an adopted child.

Some birth parents prefer a closed adoption, which keeps all birth parent and adoptive family information confidential.



Author: Bets Davis, MFA
Sandy Jocoy, RN
Ralph Poore
Last Updated: May 6, 2008
Medical Review: Sarah Marshall, MD - Family Medicine
Kirtly Jones, MD - Obstetrics and Gynecology
Andrew Swan, MD, CCFP, FCFP - Family Medicine

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