Acts and Regulations

F-2.2 - Family Services Act

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Adoption consent
Repealed: 2023, c.36, s.13
2023, c.36, s.13
76Repealed: 2023, c.36, s.13
2007, c.20, s.13; 2016, c.37, s.66; 2023, c.36, s.13
Adoption consent
76(1)Subject to subsection (2), no adoption order shall be made without the written consent of
(a) the person to be adopted if twelve years of age or over; and
(b) if the person to be adopted is under the age of majority, the parent of the child or, if the guardianship of the child to be adopted has been transferred to the Minister by a guardianship agreement or guardianship order, the Minister;
and no other consent is required before an adoption order is made.
76(2)Where the child to be adopted is a ward of, in the custody of, or in the guardianship of a representative of the government of any other jurisdiction or any other agency or person having authority to consent to the adoption of the child, the consent of the representative, person or agency is required before an adoption order is made and, despite subsection (1), the consent of the parent is not required if the consent would not have been required if the child were to be adopted in that jurisdiction.
76(3)Where the person to be adopted is a child under the age of twelve years the court shall, where it considers it to be appropriate and feasible to do so, determine and take into account the wishes of the child.
76(4)A parent may consent to the adoption of his child notwithstanding that the parent is under the age of majority.
76(5)The consent of a parent to the adoption of his or her child shall not be given before the child is four days old.
76(6)An adoption consent may be general or specific and shall be in the prescribed form.
76(7)An adoption consent shall be witnessed, and an affidavit of witness in the prescribed form shall be attached to every consent required under this Part.
76(8)Notwithstanding subsection (6), any adoption consent and supporting affidavit required by this section are sufficient if executed in a form valid in the jurisdiction in which the consent and affidavit were executed.
76(9)Notwithstanding subsections (7) and (8), a defect in the supporting affidavit of a witness does not invalidate an adoption consent.
2007, c.20, s.13; 2016, c.37, s.66
Adoption consent
76(1)Subject to subsection (2), no adoption order shall be made without the written consent of
(a) the person to be adopted if twelve years of age or over; and
(b) if the person to be adopted is under the age of majority, the parent of the child or, if the guardianship of the child to be adopted has been transferred to the Minister by a guardianship agreement or guardianship order, the Minister;
and no other consent is required before an adoption order is made.
76(2)Where the child to be adopted is a ward of, in the custody of, or in the guardianship of a representative of the government of any other jurisdiction or any other agency or person having authority to consent to the adoption of the child, the consent of the representative, person or agency is required before an adoption order is made and, despite subsection (1), the consent of the parent is not required if the consent would not have been required if the child were to be adopted in that jurisdiction.
76(3)Where the person to be adopted is a child under the age of twelve years the court shall, where it considers it to be appropriate and feasible to do so, determine and take into account the wishes of the child.
76(4)A parent may consent to the adoption of his child notwithstanding that the parent is under the age of majority.
76(5)The consent of a parent to the adoption of his or her child shall not be given before the child is four days old.
76(6)An adoption consent may be general or specific and shall be in the prescribed form.
76(7)An adoption consent shall be witnessed, and an affidavit of witness in the prescribed form shall be attached to every consent required under this Part.
76(8)Notwithstanding subsection (6), any adoption consent and supporting affidavit required by this section are sufficient if executed in a form valid in the jurisdiction in which the consent and affidavit were executed.
76(9)Notwithstanding subsections (7) and (8), a defect in the supporting affidavit of a witness does not invalidate an adoption consent.
2007, c.20, s.13
Adoption consent
76(1)Subject to subsection (2), no adoption order shall be made without the written consent of
(a) the person to be adopted if twelve years of age or over; and
(b) if the person to be adopted is under the age of majority, the parent of the child or, if the guardianship of the child to be adopted has been transferred to the Minister by a guardianship agreement or guardianship order, the Minister;
and no other consent is required before an adoption order is made.
76(2)Where the child to be adopted is a ward of, in the custody of, or in the guardianship of a representative of the government of any other province or state or any other agency or person having authority to consent to the adoption of the child, the consent of the representative, person or agency is required before an adoption order shall be made, and notwithstanding subsection (1) the consent of the parent is not required if the consent would not have been required if the child were to be adopted in that province or state.
76(3)Where the person to be adopted is a child under the age of twelve years the court shall, where it considers it to be appropriate and feasible to do so, determine and take into account the wishes of the child.
76(4)A parent may consent to the adoption of his child notwithstanding that the parent is under the age of majority.
76(5)The consent of a parent to the adoption of his child may be given at any time after the birth of the child, but if given during the first seven days of the child’s life it has no force and effect until the expiry of the seventh day after the birth of the child.
76(6)An adoption consent may be general or specific and shall be in the prescribed form.
76(7)An adoption consent shall be witnessed, and an affidavit of witness in the prescribed form shall be attached to every consent required under this Part.
76(8)Notwithstanding subsection (6), any adoption consent and supporting affidavit required by this section are sufficient if executed in a form valid in the province or state in which the consent and affidavit were executed.
76(9)Notwithstanding subsections (7) and (8), a defect in the supporting affidavit of a witness does not invalidate an adoption consent.