Acts and Regulations

F-2.2 - Family Services Act

Full text
Openness agreement
Repealed: 2023, c.36, s.13
2023, c.36, s.13
90.01Repealed: 2023, c.36, s.13
2007, c.20, s.21; 2016, c.37, s.66; 2023, c.36, s.13
Openness agreement
90.01(1)In order to facilitate communication or to maintain personal relationships after an adoption order is granted, before the adoption order is granted a prospective adopting parent of a child may make an openness agreement in writing with
(a) a relative of the child;
(b) another person who has established a significant relationship with the child; and
(c) a prospective adopting parent or adoptive parent of a birth sibling of the child.
90.01(2)An openness agreement may
(a) be made only after consent to the adoption is given by the birth parent or other guardian having custody of the child who placed or requested that the child be placed for adoption, and
(b) include a process to resolve disputes arising with respect to the agreement or matters associated with it.
90.01(3)The Minister may assist the parties to negotiate an initial openness agreement, but after that agreement is signed the parties shall resolve any disputes with respect to the agreement or matters associated with it without the assistance of the Minister.
90.01(4)Where a child is twelve years of age or over, his or her consent to an openness agreement is required before the agreement is made or amended, if he or she is able to understand or give consent.
90.01(5)Where an openness agreement is made or amended, an adopting parent or prospective adopting parent shall provide a copy to the Minister.
2007, c.20, s.21; 2016, c.37, s.66
Openness agreement
90.01(1)In order to facilitate communication or to maintain personal relationships after an adoption order is granted, before the adoption order is granted a prospective adopting parent of a child may make an openness agreement in writing with
(a) a relative of the child;
(b) another person who has established a significant relationship with the child; and
(c) a prospective adopting parent or adoptive parent of a birth sibling of the child.
90.01(2)An openness agreement may
(a) be made only after consent to the adoption is given by the birth parent or other guardian having custody of the child who placed or requested that the child be placed for adoption, and
(b) include a process to resolve disputes arising with respect to the agreement or matters associated with it.
90.01(3)The Minister may assist the parties to negotiate an initial openness agreement, but after that agreement is signed the parties shall resolve any disputes with respect to the agreement or matters associated with it without the assistance of the Minister.
90.01(4)Where a child is twelve years of age or over, his or her consent to an openness agreement is required before the agreement is made or amended, if he or she is able to understand or give consent.
90.01(5)Where an openness agreement is made or amended, an adopting parent or prospective adopting parent shall provide a copy to the Minister.
2007, c.20, s.21