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IMPORTANT INFORMATION |
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Adoption Act
[RSBC 1996] CHAPTER 5
Part 1 — Introductory Provisions
Definitions
1 In this Act:
"aboriginal child" means a child
(a) who is registered under the Indian Act (Canada),
(b) who has a biological parent who is registered under the Indian Act (Canada),
(b.1) who is a Nisga'a child,
(b.2) who is a treaty first nation child,
(c) who is under 12 years of age and has a biological parent who
(i) is of aboriginal ancestry, and
(ii) considers himself or herself to be aboriginal, or
(d) who is 12 years of age or older, of aboriginal ancestry and considers himself or herself to be aboriginal;
"aboriginal community" means an aboriginal community designated by the minister;
"administrator" means the chief executive officer of an adoption agency or another officer of an adoption agency designated by the agency for the purposes of this Act;
"adoption agency" means a society licensed in accordance with the regulations;
"birth father" means a child's biological father;
"birth fathers' registry" means the registry referred to in section 10;
"birth mother" means a child's biological mother;
"birth parent" means a birth father or a birth mother;
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
"child" means an unmarried person under 19 years of age;
"Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;
"court" means the Supreme Court of British Columbia;
"designated representative", when used in relation to the Nisga'a Lisims Government, an Indian band, an aboriginal community or a treaty first nation, means a representative designated in accordance with the regulations;
"direct placement" means the action of a birth parent or other guardian of a child placing the child for adoption with one or 2 adults, none of whom is a relative of the child;
"director" means a person designated as a director of adoption under section 76.1 (1) (a) and the Provincial director;
"extra-provincial agency" means an official or agency located outside British Columbia and having substantially similar powers as a director in respect of guardianship;
"guardian" means the guardian of the child's person;
"Indian band" means a band as defined in the Indian Act (Canada) and includes a band council;
"Nisga'a child" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Final Agreement" has the same meaning as in the Nisga'a Final Agreement Act;
"Nisga'a Lisims Government" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Nation" has the same meaning as in the Nisga'a Final Agreement;
"Nisga'a Village" has the same meaning as in the Nisga'a Final Agreement;
"openness agreement" means an agreement made under section 59;
"post-placement report" means a report to court prepared by the director or an adoption agency;
"Provincial director" means the person designated as the Provincial director under section 76.1 (1) (b);
"relative" means a person related to another by birth or adoption;
"treaty first nation", in relation to a treaty first nation child, means the treaty first nation of which the child is a treaty first nation child.
Purpose of the Act
2 The purpose of this Act is to provide for new and permanent family ties through adoption, giving paramount consideration in every respect to the child's best interests.
Best interests of child
3 (1) All relevant factors must be considered in determining the child's best interests, including for example:
(a) the child's safety;
(b) the child's physical and emotional needs and level of development;
(c) the importance of continuity in the child's care;
(d) the importance to the child's development of having a positive relationship with a parent and a secure place as a member of a family;
(e) the quality of the relationship the child has with a birth parent or other individual and the effect of maintaining that relationship;
(f) the child's cultural, racial, linguistic and religious heritage;
(g) the child's views;
(h) the effect on the child if there is delay in making a decision.
(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.
Part 2 — The Process Leading to Adoption
Division 1 — Placement for Adoption
Who may place a child for adoption
4 The following may place a child for adoption:
(a) a director;
(b) an adoption agency;
(c) a birth parent or other guardian of the child, by direct placement in accordance with this Part;
(d) a birth parent or other guardian related to the child, if the child is placed with a relative of the child.
Who may receive a child for adoption
5 (1) A child may be placed for adoption with one adult or 2 adults jointly.
(2) Each prospective adoptive parent must be a resident of British Columbia.
Before placement by a director or an adoption agency
6 (1) Before placing a child for adoption, a director or an adoption agency must
(a) provide information about adoption and the alternatives to adoption to the birth parent or other guardian requesting placement,
(b) if the birth parent or other guardian requesting placement wishes to select the child's prospective adoptive parents, provide the birth parent or other guardian with information about prospective adoptive parents who have been approved on the basis of a homestudy completed in accordance with the regulations,
(c) obtain as much information as possible about the medical and social history of the child's biological family and preserve the information for the child,
(d) give the prospective adoptive parents information about the medical and social history of the child's biological family,
(e) make sure that the child,
(i) if sufficiently mature, has been counselled about the effects of adoption, and
(ii) if 12 years of age or over, has been informed about the right to consent to the adoption,
(f) make reasonable efforts to obtain any consents required under section 13, and
(g) make reasonable efforts to give notice of the proposed adoption to
(i) anyone who is named by the birth mother as the child's birth father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the birth fathers' registry in respect of the proposed adoption.
(2) A director or an adoption agency may only place a child for adoption with prospective adoptive parents who have been approved on the basis of a homestudy.
Discussion with aboriginal communities
7 (1) Before placing an aboriginal child for adoption, a director or an adoption agency must make reasonable efforts to discuss the child's placement with the following:
(a) if the child is registered or entitled to be registered as a member of an Indian band, with a designated representative of the band;
(a.1) if the child is a Nisga'a child, with a designated representative of the Nisga'a Lisims Government;
(a.2) if the child is a treaty first nation child, with a designated representative of the treaty first nation;
(b) if the child is neither a Nisga'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band, with a designated representative of an aboriginal community that has been identified by
(i) the child, if 12 years of age or over, or
(ii) a birth parent of the child, if the child is under 12 years of age.
(2) Subsection (1) does not apply
(a) if the child is 12 years of age or over and objects to the discussion taking place, or
(b) if the birth parent or other guardian of the child who requested that the child be placed for adoption objects to the discussion taking place.
(3) An adoption agency must make reasonable efforts to obtain information about the cultural identity of a treaty first nation child before placing the treaty first nation child for adoption if the final agreement of the treaty first nation requires these efforts to be made.
Before a direct placement
8 (1) As soon as possible before a direct placement, the prospective adoptive parents must notify a director or an adoption agency, in accordance with the regulations, of their intent to receive a child in their home for adoption.
(2) As soon as possible after being notified under subsection (1), a director or the adoption agency must
(a) provide information about adoption and the alternatives to adoption to the birth parent or other guardian proposing to place the child,
(b) obtain as much information as possible about the medical and social history of the child's biological family and preserve the information for the child,
(c) give the prospective adoptive parents information about the medical and social history of the child's biological family,
(d) prepare, in accordance with the regulations, a pre-placement assessment of the prospective adoptive parents,
(e) give a copy of the pre-placement assessment to the prospective adoptive parents and to the birth parent or other guardian of the child, and
(f) make sure that the child,
(i) if sufficiently mature, has been counselled about the effects of adoption, and
(ii) if 12 years of age or over, has been informed about the right to consent to the adoption.
Conditions on direct placement
9 Prospective adoptive parents may receive a child by direct placement but only if, before the child is received in their home,
(a) the birth parent or other guardian placing the child receives a copy of the pre-placement assessment prepared by a director or the adoption agency,
(b) the prospective adoptive parents receive a copy of information about the medical and social history of the child's biological family,
(c) the prospective adoptive parents have made reasonable efforts to obtain any consents required under section 13, and
(d) the prospective adoptive parents have made reasonable efforts to give notice of the proposed adoption to
(i) anyone who is named by the birth mother as the child's birth father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the birth fathers' registry in respect of the proposed adoption.
Birth fathers' registry
10 (1) A birth father may, in accordance with the regulations, register on the birth fathers' registry to receive notice of a proposed adoption.
(2) Notice to a person registered on the birth fathers' registry is properly given if it is sent, in accordance with the regulations, to the address recorded in the registry.
Dispensing with notice of proposed adoption
11 (1) On application, the court may dispense with notice of a proposed adoption to a birth father if it is satisfied
(a) that it is in the child's best interests to do so, or
(b) that the circumstances justify dispensing with the notice.
(2) An application under this section may be joined with an application for an adoption order.
Notice of placement
12 (1) Within 14 days after receiving a child in their home for the purposes of adoption, the prospective adoptive parents must notify in writing a director or an adoption agency.
(2) Subsection (1) does not apply if a prospective adoptive parent is a relative of the child.
Who must consent to adoption
13 (1) The consent of each of the following is required for a child's adoption:
(a) the child, if 12 years of age or over;
(b) the birth mother;
(c) the father;
(d) any person appointed as the child's guardian.
(2) For the purpose of giving consent to adoption, the child's father is anyone who
(a) has acknowledged paternity by signing the child's birth registration,
(b) is or was the child's guardian or joint guardian with the birth mother,
(c) has acknowledged paternity and has custody or access rights to the child by court order or by agreement,
(d) has acknowledged paternity and has supported, maintained or cared for the child, voluntarily or under a court order,
(e) has acknowledged paternity and is named by the birth mother as the child's father, or
(f) is acknowledged by the birth mother as the father and is registered on the birth fathers' registry as the child's father.
(3) If the child is in the continuing custody of a director under the Child, Family and Community Service Act, or a director under that Act is the child's guardian under the Family Relations Act, the only consents required are
(a) that director's consent, and
(b) the child's consent, if required under subsection (1).
(4) If a child who has been adopted is to be adopted again, the consent of a person who became a parent at the time of the previous adoption is required, instead of the consent of a person who ceased to have any parental rights and responsibilities at that time.
(5) If a child has been placed for adoption by an extra-provincial agency and the law of the jurisdiction in which the agency is located is that only the consent of the agency is required for the child's adoption, that consent and any consent required of the child under subsection (1) are the only consents required.
Birth mother's consent
14 A birth mother's consent to the adoption of her child is valid only if the child is at least 10 days old when the consent is given.
Birth parents under 19 years of age
15 A person under 19 years of age may give a legally valid consent to the adoption of a child.
Form of consent to adoption
16 (1) A consent to the adoption of a child in British Columbia by a person resident in British Columbia must be in the prescribed form and must be supported by the prescribed documents.
(2) When a consent to the adoption of a child in British Columbia is required from a person resident outside British Columbia, the consent is sufficient for the purposes of this Act if it is in a form that meets the requirements for adoption consents in the jurisdiction in which the person is resident.
Dispensing with consent
17 (1) On application, the court may dispense with a consent required under this Part if the court is satisfied that it is in the child's best interests to do so or that
(a) the person whose consent is to be dispensed with is not capable of giving an informed consent,
(b) reasonable but unsuccessful efforts have been made to locate the person whose consent is to be dispensed with,
(c) the person whose consent is to be dispensed with
(i) has abandoned or deserted the child,
(ii) has not made reasonable efforts to meet their parental obligations to the child, or
(iii) is not capable of caring for the child, or
(d) other circumstances justify dispensing with the consent.
(2) Despite subsection (1), the court may dispense with the consent of a child only if the child is not capable of giving an informed consent.
(3) Before making an order under this section, the court may consider any recommendation in a report filed by a director or by an adoption agency.
(4) An application under this section may be made without notice to any other person and may be joined with any other application that may be made under this Act.
Revocation of consents before placement by a director or an adoption agency
18 (1) Before a director or an adoption agency places a child for adoption, a person who consented to the child's adoption may revoke the consent, but only if the revocation
(a) is in writing, and
(b) is received by a director or an adoption agency before the child is placed with prospective adoptive parents by the director or the adoption agency responsible for the child.
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child.
(2) As soon as possible after receiving the written revocation, the director or the adoption agency responsible for the child must make reasonable efforts to give notice of the revocation to anyone else who consented to the adoption.
(3) If the person revoking consent had care and custody of the child immediately before giving consent, the child must be returned to that person as soon as possible after the director or the adoption agency responsible for the child receives the written revocation.
Revocation of birth mother's consent within 30 days of birth
19 (1) A birth mother may revoke her consent to adoption within 30 days of the child's birth, even though the child has been placed for adoption during that period, but only if the revocation
(a) is in writing, and
(b) is received by a director or an adoption agency before the end of the 30 days.
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child.
(2) As soon as possible after receiving the written revocation, the director or the adoption agency responsible for the child must
(a) give notice of the revocation to the prospective adoptive parents, and
(b) make reasonable efforts to give notice of the revocation to anyone else who consented to the adoption.
(3) The child must be returned to the birth mother as soon as possible after the prospective adoptive parents are given notice of the revocation.
Revocation of child's consent
20 A child may revoke consent to adoption at any time before the adoption order is made.
Revocation of consents given outside British Columbia
21 (1) A consent given under the law of another jurisdiction to the adoption of a child in British Columbia may be revoked in accordance with the law of that jurisdiction.
(2) Subsection (1) does not limit a child's right under section 20 to revoke consent at any time before an adoption order is made.
Court revocation of consents after placement
22 (1) After a child is placed for adoption, a consent to the child's adoption may only be revoked by the court or in accordance with section 19, 20 or 21.
(2) An application to court to revoke a consent to adoption may only be made before an adoption order is granted.
(3) A copy of the court application to revoke a consent to adoption must be served on everyone who consented to the adoption.
(4) On application, the court may revoke the consent if it is satisfied that it would be in the child's best interests to do so.
(5) Failure to comply with an openness agreement is not grounds for the court to revoke a consent to adoption.
Division 3 — Care, Custody and Guardianship
Transfer of care and custody to a director or an adoption agency
23 A birth parent who has care and custody of a child may, in writing, transfer care and custody to a director or the administrator of an adoption agency before
(a) the child is placed for adoption by the director or the adoption agency, and
(b) the birth parent consents to the child's adoption.
When a director or an adoption agency becomes guardian
24 (1) When consent to the adoption of a child is given by the birth parent or other guardian who requested a director or an adoption agency to place the child for adoption, the director or the administrator of the adoption agency becomes guardian of the child until an adoption order is made or the consent is revoked.
(2) When a director or the administrator of an adoption agency becomes the guardian of a child under subsection (1), the Public Guardian and Trustee becomes the guardian of the child's estate.
Transfer of care and custody by a director or an adoption agency
25 If a director or the administrator of an adoption agency has care and custody of a child under section 23 or is guardian of a child under section 24, the director or the administrator may
(a) transfer care and custody of the child to a prospective adoptive parent, or
(b) place the child with a caregiver.
Transfer of care and custody in direct placement adoptions
26 After the conditions in sections 8 (1) and 9 have been met, a birth parent or other guardian of a child may, in writing, transfer care and custody of the child to a prospective adoptive parent.
What care and custody includes
27 (1) In this section:
"health care" means anything that is done for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;
"health care provider" includes any person licensed, certified or registered in British Columbia or in another province or state to provide health care.
(2) A person having care and custody of a child under this Act may
(a) authorize a health care provider to examine the child, and
(b) consent to necessary health care for the child if, in the opinion of the health care provider, the health care should be provided.
(3) A person having care and custody of a child under this Act may consent to the child's participation in school, social or recreational activities.
(4) Subsection (2) does not affect a child's right under section 17 of the Infants Act to consent to health care.
Joint guardianship in direct placement adoptions
28 (1) When consent to adoption is given by a birth parent or other guardian who places a child by direct placement, the prospective adoptive parent named in the consent becomes a joint guardian of the child with the birth parent or other guardian named in the consent.
(2) The joint guardianship terminates when
(a) the adoption order is made,
(b) the consent to the adoption is revoked in accordance with this Part, or
(c) the court declares that the prospective adoptive parent's status as joint guardian is terminated.
Who may apply to adopt a child
29 (1) One adult alone or 2 adults jointly may apply to the court to adopt a child in accordance with this Act.
(2) One adult may apply to the court to jointly become a parent of a child with a birth parent of the child.
(3) Each applicant must be a resident of British Columbia.
A younger child's views
30 (1) Before applying to court for an adoption order relating to a child who is at least 7 years of age and less than 12, the applicant must arrange for a person authorized by the regulations to meet the child privately so the person can make a written report under subsection (2).
(2) The report must indicate whether the child
(a) understands what adoption means, and
(b) has any views on the proposed adoption and on any proposed change of the child's name.
Notice of application
31 (1) At least 30 days before the date set for hearing an application for an adoption order, the applicant must give written notice of the application as follows:
(a) to a director or an adoption agency, if the child was placed with the applicant by direct placement or was brought into British Columbia for adoption by a person other than a relative of the child;
(b) to any person who has access rights to the child by court order or by an agreement enforceable as an order under the Family Relations Act.
(2) The notice to the director or the adoption agency must be accompanied by the material or documents to be filed with the court under section 32.
Required documents
32 Before an adoption order is made, the following documents must be filed with the court:
(a) all the required consents to the adoption, or the orders dispensing with consent or an application to dispense with consent;
(b) the child's birth registration or, if it cannot be obtained, satisfactory evidence of the facts relating to the child's birth;
(c) if the child is at least 7 years of age and less than 12, a copy of the report of the child's views prepared in accordance with section 30 or a satisfactory explanation of why the report has not been prepared;
(d) the post-placement report, if required under section 33;
(e) any additional information required by the regulations.
Post-placement report
33 (1) If a director or an adoption agency is given notice under section 31 or has placed the child for adoption, a director or the agency must file with the court a post-placement report that contains
(a) either a recommendation that the adoption order should or should not be made or a statement that there is insufficient information to make the recommendation, and
(b) the information prescribed in the regulations.
(2) A director or the adoption agency may file with the court
(a) any other evidence or information the director or the agency considers necessary to enable the court to determine whether the proposed adoption is in the child's best interests, and
(b) a recommendation on any issue relating to the adoption, including whether the 6 month residency requirement in section 35 should be altered or dispensed with.
Court ordered reports
34 The court may require a director to inquire into any matter respecting an application for an adoption order that the court considers to be necessary.
Adoption order
35 (1) After considering the post-placement report and other evidence filed under section 32, 33 or 34, the court may make an adoption order if it is satisfied that
(a) the child has resided with the applicant for at least 6 months immediately before the date of the adoption hearing, and
(b) it is in the child's best interests to be adopted by the applicant.
(2) If the post-placement report was completed more than 3 months before the date of hearing the application, no adoption order may be made until the applicant files with the court a written certificate of a director or the adoption agency confirming or modifying the report.
(3) The court may alter or dispense with the residency requirement after considering any recommendation made by a director or an adoption agency.
Change of name
36 (1) The applicant for an adoption order may request the court to change the child's given names or family name.
(2) If requested by the applicant, the court may change the child's given names or family name in the adoption order, but only
(a) with the child's consent, if the child is 12 years of age or over, or
(b) after considering the child's views, if the child is at least 7 years of age and less than 12.
(3) A child's consent to a change of name is not required if the court has dispensed with the child's consent to adoption.
Effect of adoption order
37 (1) When an adoption order is made,
(a) the child becomes the child of the adoptive parent,
(b) the adoptive parent becomes the parent of the child, and
(c) the birth parents cease to have any parental rights or obligations with respect to the child, except a birth parent who remains under subsection (2) a parent jointly with the adoptive parent.
(2) If the application for the adoption order was made by an adult to become a parent jointly with a birth parent of the child, then, for all purposes when the adoption order is made,
(a) the adult joins the birth parent as parent of the child, and
(b) the child's other birth parent ceases to have any parental rights or obligations with respect to the child.
(3) If a child is adopted for a second or subsequent time, the adoption order has the same effect on the child, on the new adoptive parent and on the former adoptive parent as it does on the child, on the adoptive parent and on the birth parents or parent under subsections (1) and (2).
(4) Subsections (1) to (3) do not apply for the purposes of the laws relating to incest and the prohibited degrees of marriage.
(5) The family relationships of one person to another are to be determined in accordance with this section, unless this or another enactment specifically otherwise provides or distinguishes between persons related by birth and persons related by adoption.
(6) An adoption order does not affect an interest in property or a right of the adopted child that vested in the child before the date of the adoption order.
(7) An adoption order does not affect any aboriginal rights the child has.
Effect on access order or agreement
38 (1) When an adoption order is made, any order or agreement for access to the child terminates unless the court orders otherwise under subsection (2).
(2) The court may, in the child's best interests,
(a) order that an access order or an access provision of an agreement that is enforceable as an order under the Family Relations Act does not terminate, and
(b) vary the access order or provision.
Notice of adoption order
39 (1) When an adoption order is made, a director or an adoption agency must make reasonable efforts to notify the birth parent or other guardian who requested a director or the agency to place the child for adoption that the child has been adopted.
(2) Subsection (1) does not apply if the birth parent or other guardian indicated that they wished not to be notified.
When an adoption order may be set aside
40 No adoption order may be set aside except
(a) as a result of an appeal to the Court of Appeal within the time allowed under the Court of Appeal Act, or
(b) as a result of fraud, but only if the Supreme Court of British Columbia considers it to be in the child's best interests to set the order aside.
Hearings may be private
41 An application under this Act or another Act for an order relating to a child placed for adoption, or an appeal from that order, may be heard and dealt with in the absence of the public.
If birth parent and new parent do not know each other's identity
42 (1) If the identity of a prospective adoptive parent is not known to a birth parent or other guardian of a child, the identity of the prospective adoptive parent must not be disclosed in a notice or other court document served on the birth parent or other guardian in connection with
(a) an application under this or another Act for an order relating to the child, or
(b) an appeal of that order.
(2) If the identity of a birth parent or other guardian is not known to an adoptive parent, the child may only be identified on an adoption order by the child's birth registration number.
(3) If the identity of a birth parent or other guardian of a child and the identity of a prospective adoptive parent or adoptive parent are not known to each other, a court may order that their identities or any information that could reveal their identities not be broadcast or disclosed in any way in any document.
(4) Subsection (3) applies to any court hearing an application under this or another Act for an order relating to a child placed for adoption or hearing an appeal from such an order.
Confidentiality of court files
43 An application for an order under this Act or any document filed in court in connection with the application may be searched only
(a) by order of the court, or
(b) at the request of a director.
Adoption of adults
44 (1) One adult alone or 2 adults jointly may apply to the court to adopt another adult.
(2) The court may make the adoption order without the consent of anyone, except the person to be adopted, as long as the court
(a) is satisfied that that person, as a child, lived with the applicant as a member of the family and was maintained by the applicant until the person became self supporting or became an adult, and
(b) considers the reason for the adoption to be acceptable.
(3) An adoption order made with respect to an adult has the same effect as an adoption order made with respect to a child.
Duties of the registrar
45 (1) After an adoption order is made, the registrar of the court must send a copy of the order
(a) to the chief executive officer, and
(b) if a director or an adoption agency filed a post-placement report, to the director or the agency.
(2) The registrar of the court must provide to the chief executive officer any information relating to an adoption order that is required under the Vital Statistics Act.
Custom adoptions
46 (1) On application, the court may recognize that an adoption of a person effected by the custom of an Indian band or aboriginal community has the effect of an adoption under this Act.
(2) Subsection (1) does not affect any aboriginal rights a person has.
Adoptions outside British Columbia
47 An adoption that has, under the law of another province or of a jurisdiction outside Canada, substantially the same effect in that other jurisdiction as an adoption under this Act has the same effect in British Columbia as an adoption under this Act.
Part 4 — Interprovincial and Intercountry Adoptions
Division 1 — Interprovincial Adoptions and Intercountry Adoptions Outside the Scope of the Hague Convention
Before a child is brought into British Columbia for adoption
48 (1) Before a child who is not a resident of British Columbia is brought into the Province for adoption, the prospective adoptive parents must obtain the approval of a director or an adoption agency.
(2) The director or the adoption agency must grant approval if
(a) the birth parent or other guardian placing the child for adoption has been provided with information about adoption and the alternatives to adoption,
(b) the prospective adoptive parents have been provided with information about the medical and social history of the child's biological family,
(c) a homestudy of the prospective adoptive parents has been completed in accordance with the regulations and the prospective adoptive parents have been approved on the basis of the homestudy, and
(d) the consents have been obtained as required in the jurisdiction in which the child is resident.
(3) The director or the adoption agency must preserve for the child any information obtained about the medical and social history of the child's biological family.
Exceptions
49 Section 48 does not apply to a child who
(a) is brought into British Columbia for adoption by a relative of the child or by a person who will become an adoptive parent jointly with the child's birth parent, or
(b) is a permanent ward of an extra-provincial agency.
Division 2 — Hague Convention on Intercountry Adoptions
Definitions
50 Words and expressions used in this Division have the same meaning as the corresponding words and expressions in the Convention.
Convention is law in British Columbia
51 (1) The provisions of the Convention have the force of law in British Columbia as soon as the Convention comes into force in British Columbia.
(2) Subject to subsection (3) and the regulations, the law of British Columbia applies to an adoption to which the Convention applies.
(3) If the law of British Columbia conflicts with the Convention, the Convention prevails.
Central Authority
52 The Provincial director is the Central Authority for British Columbia for the purposes of the Convention.
Authority of foreign bodies
53 If authorized by the Provincial director, a body accredited in a contracting state may act in British Columbia.
Authority to act abroad
54 The Provincial director may authorize a body accredited in British Columbia to act in a contracting state.
Conversion of adoptions
55 (1) On application by a person resident in British Columbia, the court may make an order converting an adoption referred to in Article 27 of the Convention to have the effect of an adoption under this Act.
(2) An application for an order under this section must be accompanied by proof that the consents required under Article 27 of the Convention have been given.
Disclosure of information
56 Subject to the regulations, the Provincial director may disclose to an adult who, as a child, was adopted in accordance with the Convention any information in the Provincial director's records concerning the adult's origin.
Publication of Convention and effective date
57 The Provincial director must publish in Part II of the Gazette a copy of the Convention and the date on which the Convention comes into force in British Columbia.
Part 5 — Openness and Disclosure
Definitions
58 In this Part:
"adoptive parent" means a person who adopted a child under this Act or any predecessor to this Act;
"original birth registration" means
(a) a registration maintained under section 13 (a) of the Vital Statistics Act, or
(b) a registration showing the name of the birth parent and containing a notation of the adoption and any change of name consequent to the adoption;
"record" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
Openness agreements
59 (1) For the purpose of facilitating communication or maintaining relationships, an openness agreement may be made by a prospective adoptive parent or an adoptive parent of the child and any of the following:
(a) a relative of the child;
(b) any other person who has established a relationship with the child;
(c) a prospective adoptive parent or an adoptive parent of a sibling of the child.
(2) An openness agreement
(a) may only be made after consent to the adoption is given by the birth parent or other guardian who placed or requested that the child be placed for adoption, and
(b) may include a process to resolve disputes arising under the agreement or with respect to matters associated with it.
(3) If the child is of sufficient maturity, the child's views must be considered before the agreement is made.
Post-adoption openness
60 (1) Any of the following may, in accordance with the regulations, register with the Provincial director to indicate their interest in making openness agreements:
(a) an adoptive parent of a child under 19 years of age;
(b) a relative of an adopted child under 19 years of age.
(2) If an adoptive parent of a child under 19 years of age and a relative of the child have both registered under this section, the Provincial director
(a) may assist them in reaching an openness agreement and may facilitate the exchange of non-identifying information, and
(b) must, if they wish to exchange identifying information, disclose to each the identifying information provided by the other.
(3) Subsection (2) applies also if an adoptive parent of a child under 19 years of age and an adoptive parent of a sibling of that child have registered under this section.
Disclosure in the interest of a child
61 A director may disclose identifying information to a person if the disclosure is necessary
(a) for the safety, health or well-being of a child, or
(b) for the purpose of allowing a child to receive a benefit.
Disclosure when an aboriginal child is under 19
62 (1) A director or an adoption agency may, in a child's best interests, disclose to a prospective adoptive parent or an adoptive parent of an aboriginal child any of the following:
(a) the name and location of an Indian band, if the child is registered or entitled to be registered as a member of the band;
(b) the name and location of an aboriginal community, if the child is an aboriginal child and a birth parent of the child identified that community;
(c) the location of the Nisga'a Lisims Government, if the child is a Nisga'a child;
(d) the name and location of the treaty first nation, if the child is a treaty first nation child.
(2) A director may, in a child's best interests and with the written consent of the child's adoptive parents, disclose identifying information so that an aboriginal child can be contacted by the following:
(a) if the child is registered or entitled to be registered as a member of an Indian band, by a designated representative of the band;
(a.1) if the child is a Nisga'a child, by a designated representative of the Nisga'a Lisims Government;
(a.2) if the child is a treaty first nation child, by a designated representative of the treaty first nation;
(b) if the child is not a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band, by a designated representative of an aboriginal community that has been identified
(i) by the child, if 12 years of age or over, or
(ii) by a birth parent of the child, if the child is under 12 years of age.
(3) In exercising his or her power under subsection (2), the director may dispense with any consent required by this section if the adoption has broken down or it is not practical to obtain consent.
Disclosure to adopted person 19 or over
63 (1) An adopted person 19 years of age or over may apply to the chief executive officer for a copy of the following:
(a) the adopted person's original birth registration;
(b) the adoption order;
(c) if the adoption occurred under a law of a treaty first nation and a notice has been provided by the treaty first nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
(2) When an applicant complies with section 67, the chief executive officer must give the applicant a copy of the requested records unless
(a) a disclosure veto has been filed under section 65, or
(b) a no-contact declaration has been filed under section 66 and the applicant has not signed the undertaking referred to in that section.
Disclosure to birth parent when adopted person is 19 or over
64 (1) If an adopted person is 19 years of age or over, a birth parent named on the adopted person's original birth registration may apply to the chief executive officer for a copy of one or more of the following:
(a) the original birth registration with a notation of the adoption and any change of name consequent to the adoption;
(b) the birth registration that under section 12 of the Vital Statistics Act was substituted for the adopted person's original birth registration;
(c) the adoption order;
(d) if the adoption occurred under a law of a treaty first nation and a notice has been provided by the treaty first nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
(2) When an applicant complies with section 67, the chief executive officer must give the applicant a copy of the requested records unless
(a) a disclosure veto has been filed under section 65, or
(b) a no-contact declaration has been filed under section 66 and the applicant has not signed the undertaking referred to in that section.
(3) Before giving the applicant a copy of the requested record, the chief executive officer must delete the adoptive parents' identifying information.
Disclosure veto and statement
65 (1) Either of the following may apply to the chief executive officer to file a written veto prohibiting the disclosure of a birth registration or other record under section 63 or 64:
(a) an adopted person who is 18 years of age or over and was adopted under any predecessor to this Act;
(b) a birth parent named on the original birth registration of an adopted person referred to in paragraph (a).
(2) When an applicant complies with section 67 (a), the chief executive officer must file the disclosure veto.
(3) A person who files a disclosure veto may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to disclose any identifying information;
(b) in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
(c) any other relevant non-identifying information.
(4) When a person applying for a copy of a record is informed that a disclosure veto has been filed, the chief executive officer must give the person the non-identifying information in any written statement filed with the disclosure veto.
(5) A person who files a disclosure veto may cancel the veto at any time by notifying, in writing, the chief executive officer.
(6) Unless cancelled under subsection (5), a disclosure veto continues in effect until 2 years after the death of the person who filed the veto.
(7) While a disclosure veto is in effect, the chief executive officer must not disclose any information that is in a record applied for under section 63 or 64 and that relates to the person who filed the veto.
No-contact declaration and statement
66 (1) A birth parent who is named in an original birth registration and who wishes not to be contacted by the person named as the child in the registration may apply to the chief executive officer to file a written no-contact declaration.
(2) An adopted person 18 years of age or over who wishes not to be contacted by a birth parent named on a birth registration may apply to the chief executive officer to file a written no-contact declaration.
(3) When an applicant under subsection (1) or (2) complies with section 67 (a), the chief executive officer must file the no-contact declaration.
(4) The chief executive officer must not give a person to whom a no-contact declaration relates a copy of a birth registration or other record naming the person who filed the declaration unless the person applying has signed an undertaking in the prescribed form.
(5) A person who is named in a no-contact declaration and has signed an undertaking under subsection (4) must not
(a) knowingly contact or attempt to contact the person who filed the declaration,
(b) procure another person to contact the person who filed the declaration,
(c) use information obtained under this Act to intimidate or harass the person who filed the declaration, or
(d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the declaration.
(6) A person who files a no-contact declaration may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to be contacted;
(b) in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
(c) any other relevant non-identifying information.
(7) When a person to whom a no-contact declaration relates is given a copy of a birth registration under section 63 or 64, the chief executive officer must give the person applying the information in any written statement filed with the declaration.
(8) A person who files a no-contact declaration may cancel the declaration at any time by notifying, in writing, the chief executive officer.
Applicant must comply with Vital Statistics Act
67 A person who applies to the chief executive officer under this Part must
(a) supply any proof of identity required by the chief executive officer, and
(b) if the application is for a copy of a record, pay the fee required under the Vital Statistics Act.
Contact by a director
68 In compelling circumstances affecting anyone's health or safety, a director may contact any of the following to share with or obtain from them any necessary information:
(a) a birth parent;
(b) if the birth parent is not available, a relative of the birth parent;
(c) an adopted person 19 years of age or over.
Mutual exchange of identifying information
69 (1) Any of the following may, in accordance with the regulations, register with the Provincial director to exchange identifying information:
(a) an adopted person 19 years of age or over;
(b) an adult relative of an adopted person 19 years of age or over.
(2) If an adopted person 19 years of age or over and a relative of the adopted person have both registered under this section, the Provincial director must notify each of them and disclose the identifying information provided by the other.
Director's right to information
70 (1) A director has the right to any information that
(a) is in the custody or control of a public body as defined in the Freedom of Information and Protection of Privacy Act, and
(b) is necessary to enable a director or an adoption agency to locate a person for the purposes of this Act or is necessary for the health or safety of an adopted person.
(2) A public body that has custody or control of information to which a director is entitled under subsection (1) must disclose that information to the director on request.
(3) This section applies despite the Freedom of Information and Protection of Privacy Act or any other enactment.
(4) If requested by a director, a CFCSA director must disclose to the director any information that
(a) is obtained under that Act, and
(b) is necessary to enable the director or an adoption agency to exercise the powers or perform the duties or functions given to them under Parts 2, 3 and 4 and sections 61 and 62 of this Act.
(5) In subsection (4), "CFCSA director" means a director designated under section 91 of the Child, Family and Community Service Act.
Director's authority to collect information
70.1 A director may collect from a person any information that is necessary to enable the director to exercise his or her powers or perform his or her duties or functions under this Act.
Search and reunion services
71 (1) An adult who has obtained a record under section 63 or 64 or who was adopted under a law of a treaty first nation apply to the Provincial director for assistance in locating any of the following:
(a) if the applicant is an adopted person,
(i) a birth parent of the applicant,
(ii) an adult adopted sibling of the applicant, or
(iii) if a birth parent of the applicant is dead, an adult birth sibling of the applicant;
(b) if the applicant is a birth parent, an adult adopted child of the applicant.
(2) A birth parent who signed a consent to the adoption of a child may apply to the Provincial director for assistance in locating the child, if the child is 19 years of age or over.
(3) After the death of an adult who, as a child, was adopted under this Act, any predecessor to this Act or a law of a treaty first nation, any of the following may apply to the Provincial director:
(a) an adult child or adult grandchild of the deceased;
(b) if a child of the deceased is under 19 years of age, the child's surviving parent or guardian.
(4) An applicant under subsection (3) must provide a copy of the deceased's death certificate and may apply for assistance in locating
(a) a birth parent of the deceased,
(b) an adult adopted sibling of the deceased, or
(c) if the deceased's birth parent is dead, an adult birth sibling of the deceased.
(5) After the death of a birth parent whose child, who is an adult, was adopted under this Act, any predecessor to this Act or a law of a treaty first nation, another adult child of the deceased may apply to the Provincial director for assistance in locating the applicant's adopted birth sibling.
(6) An applicant under subsection (5) must provide a copy of the deceased's death certificate.
(7) No one is entitled to assistance under this section in locating a person who has filed a disclosure veto or a no-contact declaration.
(8) Subject to the regulations, the Provincial director may provide the assistance requested by an applicant under subsections (1) to (6).
(9) If a person located by the Provincial director wishes not to be contacted by an applicant, the Provincial director must not disclose any information identifying the name or location of the person.
(10) If a person located by the Provincial director wishes to be contacted by an applicant, the Provincial director may assist them to meet or to communicate.
(11) The Provincial director must inform an applicant if the person whom the applicant requested assistance in locating wishes not to be contacted, is dead or cannot be located.
Sharing of information with adoption agencies
72 (1) A director may disclose to an adoption agency any information in the records of the director, including information obtained by a director under section 70, if the disclosure is necessary to enable the agency to perform the duties or to exercise the powers and functions given to the agency under this Act.
(2) An adoption agency must not use or disclose information provided under subsection (1) except for the purpose for which it was provided.
Restriction on use and disclosure of certain information
73 Information in the birth fathers' registry and information provided to a director under sections 60, 69, 70, 70.1 and 71 must not be used or disclosed for any purpose except the purpose for which it was provided.
Freedom of Information and Protection of Privacy Act
74 (1) Subject to subsection (2), sections 72 (2) and 73 apply despite any provision of the Freedom of Information and Protection of Privacy Act.
(2) Section 44 (1) (b), (2), (2.1) and (3) of the Freedom of Information and Protection of Privacy Act applies to this Act.
Part 6 — Administrative and Legal Issues
Transfer of care, custody and guardianship
75 (1) Subject to an agreement under section 77.1, a director, in writing, may transfer care and custody of a child or guardianship of a child
(a) to the administrator of an adoption agency, or
(b) to another director,
with the consent of the administrator or the receiving director, as the case may be.
(2) Subject to an agreement under section 77.1, the administrator of an adoption agency may, in writing, transfer care and custody of a child or guardianship of a child
(a) to a director, or
(b) to the administrator of another adoption agency
with the consent of the director or the receiving administrator, as the case may be.
Minister's authority to make agreements
76 For the purposes of this Act, the minister may make an agreement with any of the following:
(a) any Indian band or a legal entity representing an aboriginal community;
(a.1) the Nisga'a Nation or a Nisga'a Village;
(a.2) a treaty first nation;
(b) the government of Canada, the government of a province of Canada or the government of a jurisdiction outside Canada, or an official or agency of those governments;
(c) Community Living British Columbia established under the Community Living Authority Act;
(d) any other person or persons.
Designation of directors
76.1 (1) The minister may designate
(a) one or more persons as a director of adoption for the purposes of this Act, and
(b) a person as the Provincial director
(i) to exercise the powers and perform the duties and functions of the Provincial director that are specifically set out in this Act, and
(ii) to exercise any of the powers of a director designated under paragraph (a).
(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.
(3) A director and the Provincial director have jurisdiction throughout British Columbia in the exercise of the powers and in the performance of the duties and functions conferred on them under this Act.
Director's power to delegate
77 (1) Subject to subsections (2) and (3) and the regulations, a director may delegate to any person or class of person any of the director's powers, duties or functions under this Act.
(2) The delegation of the powers, duties or functions of the director must be in writing and may include any terms or conditions the director considers advisable.
(3) A delegation of the Provincial director's functions as the Central Authority for the purpose of the Convention must be in accordance with the Convention.
Inspection of records
78 (1) A person authorized by the Provincial director may, during regular business hours, do one or more of the following:
(a) enter any premises of an adoption agency and inspect the records and interview its staff to determine if the agency is complying with this Act, the regulations and any conditions of its licence;
(b) request records to be produced for inspection;
(c) on giving a receipt for it, remove any record from the premises to make copies.
(2) A person who removes a record must return it within a reasonable time of its removal to the premises from which it was removed.
Protection from liability
79 No person is personally liable for anything done or omitted in good faith in the exercise or performance or intended exercise or performance of
(a) a power, duty or function conferred under this Act, or
(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred under this Act.
Financial assistance
80 Subject to the regulations, a director may
(a) provide financial assistance or other assistance to a person who
(i) proposes to adopt or who adopts a child placed for adoption by a director, or
(ii) is a guardian under the Family Relations Act or the Infants Act, of a child who was adopted under this Act, and
(b) review, alter or terminate the assistance provided.
References in other Acts
81 If a child is adopted by 2 adults or by one adult who becomes a parent jointly with a birth parent of the child, a reference in another enactment to the father and mother of a child or to the father or mother of a child is to be read in relation to that child as a reference
(a) to the 2 adults who are the child's adoptive parents or to one or other of them, or
(b) to the child's birth parent and the adult who is the parent jointly with the birth parent or to one or other of them.
Part 7 — Offences and Penalties
Contravening placement requirements
82 (1) A person must not place or arrange the placement of a child for the purposes of adoption unless the person is authorized by section 4 to do so.
(2) A person must not receive a child in their home for the purposes of adoption unless the child has been placed by a person authorized by section 4 to do so.
(3) A person must not receive a child placed in their home by direct placement unless the person has complied with section 8 (1) and is authorized under section 9 to receive the child.
(4) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
Contravening interprovincial or intercountry adoption requirements
83 A person who contravenes section 48 (1) commits an offence and is liable to a fine of up to $5 000.
Paying or accepting payment for an adoption
84 (1) A person must not give, receive or agree to give or receive any payment or reward, whether directly or indirectly,
(a) to procure or assist in procuring a child for the purposes of adoption in or outside British Columbia, or
(b) to place or arrange the placement of a child for the purposes of adoption in or outside British Columbia.
(2) Subsection (1) does not apply to any of the following:
(a) a birth mother receiving from a prospective adoptive parent expenses that do not exceed those allowed under the regulations;
(b) a lawyer receiving reasonable fees and expenses for legal services provided in connection with an adoption;
(c) a health care provider receiving reasonable fees and expenses for medical services provided to a child who is the subject of an adoption or to the birth mother in connection with the pregnancy or birth;
(d) an adoption agency receiving fees and expenses that do not exceed those allowed under the regulations;
(e) any other persons prescribed by regulation.
(3) A person who contravenes this section commits an offence and is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.
Advertising
85 (1) A person must not publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a child.
(2) Subsection (1) does not apply to any of the following:
(a) the publication of a notice under a court order;
(b) the publication of a notice authorized by a director;
(c) an advertisement by an adoption agency advertising its services only, without referring to specific children;
(d) an announcement of an adoption placement or an adoption;
(e) other forms of advertisement specified by regulation.
(3) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
Making a false statement
86 (1) A person must not make a statement that the person knows to be false or misleading in an application or in connection with an application
(a) to register on the birth fathers' registry under section 10 or to register under section 60 or 69,
(b) for a copy of a birth registration or other record under section 63 or 64, or
(c) to file a disclosure veto under section 65 or a no-contact declaration under section 66.
(2) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
Contravening a no-contact undertaking
87 A person who contravenes section 66 (5) commits an offence and is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.
Releasing confidential information for an unauthorized purpose
88 A person who contravenes section 42 (1), 72 (2) or 73 commits an offence and is liable to a fine of up to $5 000.
Limitation period
90 No proceeding for an offence under this Act may be commenced more than 2 years after the facts on which the proceeding is based first came to a director's knowledge.
General regulation making power
91 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting when a person is or is not to be considered a resident of British Columbia for the purposes of this Act;
(a.1) defining, for the purposes of this Act and the regulations, words or expressions used but not defined in this Act;
(b) designating representatives of the Nisga'a Lisims Government, treaty first nations, Indian bands and aboriginal communities;
(c) respecting how notice is to be given under section 8 (1);
(d) respecting the efforts to be made by a director or an adoption agency to notify birth parents or other guardians about whether their children have been placed for adoption;
(e) respecting adoption consents and the witnessing of consents;
(f) respecting homestudies, pre-placement assessments and post-placement reports;
(g) respecting the persons who are authorized to meet with a child for the purposes of making a report under section 30 (2);
(h) prescribing additional information to be filed with the court under section 32;
(i) limiting or varying the application of the law of British Columbia to an adoption in British Columbia to which the Convention applies;
(j) designating the competent authorities for any provision of the Convention;
(k) respecting the disclosure of information concerning the origin of a person adopted in accordance with the Convention;
(l) specifying how, by whom and the circumstances under which disclosure vetoes and no-contact declarations may be filed on behalf of persons who are incapable of filing them for themselves;
(m) governing the disclosure of information by the Provincial director under section 71;
(n) authorizing a director to enter into any form of agreement for the purposes of this Act and prescribing some or all of the contents of those agreements;
(o) governing the review of decisions made by a director or an adoption agency;
(p) respecting any condition on a director delegating any power, duty or function under this Act;
(q) respecting eligibility for financial assistance or other assistance under section 80, the forms of assistance and the terms to be included in assistance agreements;
(r) allowing prospective adoptive parents to pay expenses of birth parents and specifying the types of expenses and limiting the amounts of those expenses;
(s) specifying other persons who are exempt from section 84 (1) (prohibiting payment for an adoption) or specifying any circumstances under which a person is exempt from section 84 (1);
(t) respecting other forms of advertising that are exempt from section 85 (prohibiting certain advertising);
(u) governing the payment of fees for applications, licences, registrations or other things done under this Act;
(v) prescribing forms, documents and reports for the purposes of this Act;
(w) respecting any matters necessary for more effectively bringing into operation the provisions of this Act and for obviating any transitional difficulties encountered in doing so.
(3) In making a regulation under this Act, the Lieutenant Governor in Council may provide differently for different categories of adoptions or different classes of persons.
Adoption agency regulations
92 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) respecting the licensing of societies as adoption agencies;
(b) specifying conditions to be met and maintained by a society to obtain and retain a licence, including conditions relating to the content of its constitution and bylaws, the composition of its board of directors, the qualifications of directors and officers and the election or appointment of directors;
(c) respecting the suspension and cancellation of licences of adoption agencies;
(d) respecting the standards to be met by adoption agencies;
(e) respecting the information, documents and reports adoption agencies are required to submit to the Provincial director, the frequency of the submissions and the inspection of the information, documents and reports by the Provincial director or other person designated by the regulations;
(f) respecting the contents of advertisements and other promotional material that may be used by adoption agencies;
(g) respecting the surrender of records, accounts or other documents and information by adoption agencies to the Provincial director;
(h) setting the fees or other expenses adoption agencies may charge for services and prohibiting adoption agencies from charging fees or expenses for specified services;
(i) respecting any other matter necessary for the proper operation, management, administration and accountability of adoption agencies.
(2) If a regulation made under subsection (1) (b) conflicts with a provision of the Society Act, the regulation prevails.
Regulations about the birth fathers' registry and other registrations
93 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting how a person may apply to register under sections 10, 60 and 69, the information to be provided to the applicant and the information and proof of identity to be provided by the applicant;
(b) respecting how notices are to be given to anyone registered under this Act and specifying when a registration under section 10, 60 or 69 is to take effect;
(c) respecting how long a registration remains in force and respecting its cancellation or removal;
(d) respecting who may access information provided by a person who has registered under this Act and respecting confidentiality, security, disposal and disclosure of the information;
(e) respecting the administration, management and operation of the birth fathers' registry.
Part 9 — Transitional Provisions
Transition from former Act — general rule
94 Subject to the provisions of this Part and to any regulations made under section 91 (2) (w), sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of the former Adoption Act and its replacement by this Act.
Application of the former Act
95 (1) If, before the repeal of the former Adoption Act, a child was placed for adoption by the director or a birth parent or other guardian of the child with a prospective adoptive parent, that Act continues to apply to all matters relating to the adoption of the child by that prospective adoptive parent.
(2) If, before the repeal of the former Adoption Act, a birth parent or other guardian of a child consented to the child's adoption and the child is placed for adoption by the director or that parent or guardian with a prospective adoptive parent after the repeal of that Act, that Act continues to apply to all matters relating to the adoption of the child by that prospective adoptive parent.
(3) If, before the repeal of the former Adoption Act, an application was filed under section 3 (2) of that Act or an application was made to adopt a child related by blood to the applicant or to adopt an adult, that Act continues to apply to all matters relating to that adoption.
Consents under the former Act
96 (1) Any consents given before the repeal of the former Adoption Act that were valid for the purposes of that Act are valid for the purposes of this Act.
(2) Any order dispensing with an adoption consent that was made before the repeal of the former Adoption Act is valid for the purposes of this Act.
(3) Section 19 of this Act does not apply to a consent given by a birth mother under the former Adoption Act before the repeal of that Act.
Homestudies under the former Act
97 A homestudy completed before the repeal of the former Act is valid for the purposes of this Act if
(a) it was completed by the director, or
(b) it was completed by a person approved by the board of the British Columbia College of Social Workers to do homestudies and it meets the standards of practice set by that board.
Director's reports
98 A report prepared by the director under section 6 of the former Adoption Act before the repeal of that Act is considered for the purposes of this Act to be a post-placement report.
Continuation of vetoes
99 If, before the repeal of the former Adoption Act, a person named on a birth registration indicated under section 13.3 of that Act that the person wished not to be contacted or a person filed a veto under section 13.4 (1) of that Act, that indication or veto has the same effect as a disclosure veto filed under section 65 of this Act.
Continuation of registrations
100 (1) A person who applied to the director under section 13.2 of the former Adoption Act is deemed to have registered under section 69 of this Act.
(2) Identification particulars and other information provided to the director under section 13.2 of the former Adoption Act are deemed to have been provided under section 69 of this Act.
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada