Acts and Regulations

F-2.2 - Family Services Act

Full text
Revocation of consent
Repealed: 2023, c.36, s.13
2023, c.36, s.13
77Repealed: 2023, c.36, s.13
2007, c.20, s.14; 2016, c.37, s.66; 2023, c.36, s.13
Revocation of consent
77(1)A person to be adopted, the Minister or a representative, person or agency required to consent under subsection 76(2) may revoke an adoption consent at any time before an adoption order is made.
77(2)Where the Minister has placed a child for adoption, a parent whose consent to the adoption is required may not revoke the consent.
77(3)Subject to subsection (4), where a parent has placed a child for adoption, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within thirty days after giving consent.
77(4)Where the Minister reviews an adoption assessment report under subsection 74(1) and concludes that the placement is unsuitable, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within seven days after receiving a notice sent under the authority of subsection 74(2).
77(5)Where the parent whose consent for adoption is required revokes his or her consent under subsection (3) or (4), the adopting parent shall within two days after receiving written notice from the Minister return the child to the care, custody and control of the parent.
77(6)An adopting parent who violates or fails to comply with subsection (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
77(7)Where an offence under subsection (6) continues for more than one day
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
2007, c.20, s.14; 2016, c.37, s.66
Revocation of consent
77(1)A person to be adopted, the Minister or a representative, person or agency required to consent under subsection 76(2) may revoke an adoption consent at any time before an adoption order is made.
77(2)Where the Minister has placed a child for adoption, a parent whose consent to the adoption is required may not revoke the consent.
77(3)Subject to subsection (4), where a parent has placed a child for adoption, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within thirty days after giving consent.
77(4)Where the Minister reviews an adoption assessment report under subsection 74(1) and concludes that the placement is unsuitable, a parent whose consent for adoption is required may revoke his or her consent by written notice to the Minister within seven days after receiving a notice sent under the authority of subsection 74(2).
77(5)Where the parent whose consent for adoption is required revokes his or her consent under subsection (3) or (4), the adopting parent shall within two days after receiving written notice from the Minister return the child to the care, custody and control of the parent.
77(6)An adopting parent who violates or fails to comply with subsection (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
77(7)Where an offence under subsection (6) continues for more than one day
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
2007, c.20, s.14
Revocation of consent
77(1)A person to be adopted, the Minister or a representative, person or agency required to consent under subsection 76(2) may revoke an adoption consent at any time before an adoption order is made.
77(2)A parent whose consent for adoption is required may revoke his consent by written notice at any time before an adoption order is made, except where the child has been placed for adoption by the Minister.