Acts and Regulations

F-2.2 - Family Services Act

Section 85
Disposition versions

Full text
Effects of adoption order
Repealed: 2023, c.36, s.13
2023, c.36, s.13
85Repealed: 2023, c.36, s.13
1996, c.75, s.9; 2007, c.20, s.19; 2008, c.45, s.6; 2020, c.24, s.3; 2023, c.36, s.13
Effects of adoption order
85(1)An adoption order, from the date it is made,
(a) for all purposes, including inheritance from the kindred of the adopting parent, gives the adopted child status as a child of his adopting parent, and the adopting parent status as the parent of the adopted child, as if the child had been born to the adopting parent;
(b) subject to subsection (4), gives the adopted child the surname of his adopting parent unless the court orders otherwise; and
(c) subject to subsections (3) and (4), where a change of given names has been requested by the adopting parent, changes the given names of the child to those set out in the order.
85(2)Except where a person adopts a child of his or her spouse or common-law partner, an adoption order, from the date it is made,
(a) severs the tie the child had with his natural parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child;
(b) frees the child from all obligations, including support, with respect to his natural parent or any other person in whose custody he has been; and
(c) unless specifically preserved by the order in accordance with the express wishes of the natural parent, severs the right of the child to inherit from his natural parent or kindred;
but an adoption order does not terminate or affect any rights the child has that flow from his cultural heritage, including aboriginal rights.
85(3)Where it is requested that the adoption order change the given names of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, where the child’s wishes can be ascertained, that the change is being made with the child’s knowledge and agreement.
85(4)Where the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change if the spouse or common-law partner does not consent to the change.
85(5)In the case of a child twelve years of age or over an adoption order shall not change any part of the name of the child without the consent of the child.
1996, c.75, s.9; 2007, c.20, s.19; 2008, c.45, s.6; 2020, c.24, s.3
Effects of adoption order
85(1)An adoption order, from the date it is made,
(a) for all purposes, including inheritance from the kindred of the adopting parent, gives the adopted child status as a child of his adopting parent, and the adopting parent status as the parent of the adopted child, as if the child had been born to the adopting parent;
(b) subject to subsection (4), gives the adopted child the surname of his adopting parent unless the court orders otherwise; and
(c) subject to subsections (3) and (4), where a change of given names has been requested by the adopting parent, changes the given names of the child to those set out in the order.
85(2)Except where a person adopts a child of his or her spouse or common-law partner, an adoption order, from the date it is made,
(a) severs the tie the child had with his natural parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child;
(b) frees the child from all obligations, including support, with respect to his natural parent or any other person in whose custody he has been; and
(c) unless specifically preserved by the order in accordance with the express wishes of the natural parent, severs the right of the child to inherit from his natural parent or kindred;
but an adoption order does not terminate or affect any rights the child has that flow from his cultural heritage, including aboriginal rights.
85(3)Where it is requested that the adoption order change the given names of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, where the child’s wishes can be ascertained, that the change is being made with the child’s knowledge and agreement.
85(4)Where the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change if the spouse or common-law partner does not consent to the change.
85(5)In the case of a child twelve years of age or over an adoption order shall not change any part of the name of the child without the consent of the child.
1996, c.75, s.9; 2007, c.20, s.19; 2008, c.45, s.6
Effects of adoption order
85(1)An adoption order, from the date it is made,
(a) for all purposes, including inheritance from the kindred of the adopting parent, gives the adopted child status as a child of his adopting parent, and the adopting parent status as the parent of the adopted child, as if the child had been born to the adopting parent;
(b) subject to subsection (4), gives the adopted child the surname of his adopting parent unless the court orders otherwise; and
(c) subject to subsections (3) and (4), where a change of given names has been requested by the adopting parent, changes the given names of the child to those set out in the order.
85(2)Except where a person adopts a child of his spouse or common-law partner, an adoption order, from the date it is made,
(a) severs the tie the child had with his natural parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child;
(b) frees the child from all obligations, including support, with respect to his natural parent or any other person in whose custody he has been; and
(c) unless specifically preserved by the order in accordance with the express wishes of the natural parent, severs the right of the child to inherit from his natural parent or kindred;
but an adoption order does not terminate or affect any rights the child has that flow from his cultural heritage, including aboriginal rights.
85(3)Where it is requested that the adoption order change the given names of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, where the child’s wishes can be ascertained, that the change is being made with the child’s knowledge and agreement.
85(4)Where the child of the applicant’s spouse or common-law partner is adopted, the surname and given name of the child do not change if the spouse or common-law partner does not consent to the change.
85(5)In the case of a child twelve years of age or over an adoption order shall not change any part of the name of the child without the consent of the child.
1996, c.75, s.9; 2007, c.20, s.19
Effects of adoption order
85(1)An adoption order, from the date it is made,
(a) for all purposes, including inheritance from the kindred of the adopting parent, gives the adopted child status as a child of his adopting parent, and the adopting parent status as the parent of the adopted child, as if the child had been born to the adopting parent;
(b) subject to subsection (4), gives the adopted child the surname of his adopting parent unless the court orders otherwise; and
(c) subject to subsections (3) and (4), where a change of Christian names has been requested by the adopting parent, changes the Christian names of the child to those set out in the order.
85(2)Except where a person adopts a child of his spouse, an adoption order, from the date it is made,
(a) severs the tie the child had with his natural parent or guardian or any other person in whose custody the child has been, by divesting the parent, guardian or other person of all parental rights in respect of the child, including any right of access that is not preserved by the court, and freeing that person from all parental responsibilities for the support of the child;
(b) frees the child from all obligations, including support, with respect to his natural parent or any other person in whose custody he has been; and
(c) unless specifically preserved by the order in accordance with the express wishes of the natural parent, severs the right of the child to inherit from his natural parent or kindred;
but an adoption order does not terminate or affect any rights the child has that flow from his cultural heritage, including aboriginal rights.
85(3)Where it is requested that the adoption order change the Christian names of the child, the request shall only be granted if the court is satisfied that a change is in the best interests of the child, and, where the child’s wishes can be ascertained, that the change is being made with the child’s knowledge and agreement.
85(4)Where the child of the applicant’s spouse is adopted, the surname and Christian name of the child do not change if the spouse does not consent to the change.
85(5)In the case of a child twelve years of age or over an adoption order shall not change any part of the name of the child without the consent of the child.
1996, c.75, s.9