Acts and Regulations

F-2.2 - Family Services Act

Full text
Adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
83Repealed: 2023, c.36, s.13
2007, c.20, s.18; 2008, c.45, s.6; 2016, c.37, s.66; 2023, c.36, s.13
Adoption order
83(1)Where the requirements of this Part have been complied with and the court is satisfied
(a) as to the truth of the matters stated in the application; and
(b) that the adoption should take place,
and where a person under the age of majority is to be adopted, as to
(c) the ability of the prospective adopting parent to care for and educate the child in a proper manner; and
(d) the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care,
the court may make an adoption order, if
(e) where the Minister is the applicant, thirty days have elapsed since the child was placed for adoption,
(f) where the applicant has applied to adopt the child of his or her spouse or common-law partner, either
(i) thirty days have elapsed since the application was made, or
(ii) the child has resided continuously with the applicant for the previous six months, or
(g) in any other case, the child has resided continuously with the applicant for the previous six months.
83(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.
83(3)Where a child has been placed by the Minister for adoption by two prospective adopting parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adopting parent, make an order with respect to the child in favour of both prospective adopting parents, in which case it shall be dated as of a day prior to the death of the prospective adopting parent.
83(4)The Registrar of the court shall send to the adopting parent and to the Minister a certified copy of each adoption order.
2007, c.20, s.18; 2008, c.45, s.6; 2016, c.37, s.66
Adoption order
83(1)Where the requirements of this Part have been complied with and the court is satisfied
(a) as to the truth of the matters stated in the application; and
(b) that the adoption should take place,
and where a person under the age of majority is to be adopted, as to
(c) the ability of the prospective adopting parent to care for and educate the child in a proper manner; and
(d) the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care,
the court may make an adoption order, if
(e) where the Minister is the applicant, thirty days have elapsed since the child was placed for adoption,
(f) where the applicant has applied to adopt the child of his or her spouse or common-law partner, either
(i) thirty days have elapsed since the application was made, or
(ii) the child has resided continuously with the applicant for the previous six months, or
(g) in any other case, the child has resided continuously with the applicant for the previous six months.
83(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.
83(3)Where a child has been placed by the Minister for adoption by two prospective adopting parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adopting parent, make an order with respect to the child in favour of both prospective adopting parents, in which case it shall be dated as of a day prior to the death of the prospective adopting parent.
83(4)The Registrar of the court shall send to the adopting parent and to the Minister a certified copy of each adoption order.
2007, c.20, s.18; 2008, c.45, s.6
Adoption order
83(1)Where the requirements of this Part have been complied with and the court is satisfied
(a) as to the truth of the matters stated in the application; and
(b) that the adoption should take place,
and where a person under the age of majority is to be adopted, as to
(c) the ability of the prospective adopting parent to care for and educate the child in a proper manner; and
(d) the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care,
the court may make an adoption order, if
(e) where the Minister is the applicant, thirty days have elapsed since the child was placed for adoption,
(f) where the applicant has applied to adopt the child of his spouse or common-law partner, either
(i) thirty days have elapsed since the application was made, or
(ii) the child has resided continuously with the applicant for the previous six months, or
(g) in any other case, the child has resided continuously with the applicant for the previous six months.
83(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.
83(3)Where a child has been placed by the Minister for adoption by two prospective adopting parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adopting parent, make an order with respect to the child in favour of both prospective adopting parents, in which case it shall be dated as of a day prior to the death of the prospective adopting parent.
83(4)The Registrar of the court shall send to the adopting parent and to the Minister a certified copy of each adoption order.
2007, c.20, s.18
Adoption order
83(1)Where the requirements of this Part have been complied with and the court is satisfied
(a) as to the truth of the matters stated in the application; and
(b) that the adoption should take place,
and where a person under the age of majority is to be adopted, as to
(c) the ability of the prospective adopting parent to care for and educate the child in a proper manner; and
(d) the likelihood that the adoption will provide the child with security, a permanent family relationship and continuity of care,
the court may make an adoption order, if
(e) where the Minister is the applicant, thirty days have elapsed since the child was placed for adoption,
(f) where the applicant has applied to adopt the child of his spouse, either
(i) thirty days have elapsed since the application was made, or
(ii) the child has resided continuously with the applicant for the previous six months, or
(g) in any other case, the child has resided continuously with the applicant for the previous six months.
83(2)An adoption order shall be in the form prescribed by regulation and shall bear the seal of the court.
83(3)Where a child has been placed by the Minister for adoption by two prospective adopting parents, one of whom dies before an adoption order is made, the court may, on the request of the surviving adopting parent, make an order with respect to the child in favour of both prospective adopting parents, in which case it shall be dated as of a day prior to the death of the prospective adopting parent.
83(4)The Registrar of the court shall send to the adopting parent and to the Minister a certified copy of each adoption order.