Child, Youth and Family Services
December 3, 2013

Legislation Focuses on the Safety and Well-being of Children

Progressive New Adoption Act Ensures Best Interest of Children

A progressive new piece of legislation focusing on the safety and well-being of children involved in the adoption process was introduced in the House of Assembly this afternoon. The new adoption legislation demonstrates the Provincial Government’s continued focus on the transformation of service delivery for children, youth and their families.

“Our government recognizes the importance of finding permanent and stable homes for children who cannot be safely reunited with their families; therefore, we are proposing to replace the current Adoption Act with new adoption legislation. As we continue to build a stronger foundation for the Department of Child, Youth and Family Services, the review and implementation of the Adoption Act, 2013 is one key component of our government’s larger plan to transform all child, youth and family services and programs delivered throughout the province.”
- The Honourable Paul Davis, Minister of Child, Youth and Family Services

Through a public consultation process in April 2013, individuals were provided with the opportunity to share their thoughts and perspectives on the current adoption legislation, as well as what changes were needed. During the consultation process, the theme of the best interest of the child was highly evident and highlighted the importance of: creating permanency for children; considering the connections and existing relationships in children’s lives, as well as the child’s opinions and wishes when planning for adoption; and, ensuring the child’s safety and well-being in the adoption process.

The proposed new legislation contains updates to help streamline and expedite the adoption process; ensure the adoption program is progressive; clarify and modernize the law respecting adoptions; and align principles with the Children and Youth Care and Protection Act, where appropriate. See the backgrounder below for more detail on updates to the adoption legislation.

“Overall, there was strong support from those who participated in the consultation process for each of the proposed changes to the adoption legislation. As a result of the feedback received and our continued commitment to meet the needs of individuals involved in the adoption process, our government is proud to introduce this new legislation that will ensure the best interest of children is the paramount consideration in the adoption process.”
- Minister Davis

The Government of Newfoundland and Labrador is committed to supporting important social programs, strong communities and the health and well-being of children, families and seniors.

QUICK FACTS

• The Department of Child, Youth and Family Services introduced a progressive new piece of legislation today, which focuses on the safety and well-being of children involved in the adoption process in Newfoundland and Labrador.
• The Adoption Act, 2013 demonstrates the Provincial Government’s continued focus on the transformation of service delivery for children, youth and their families.
• In April 2013, the Department of Child, Youth and Family Services commenced a public consultation process that provided individuals with the opportunity to share their thoughts and perspectives on the current adoption legislation, as well as what changes were needed.
• The proposed new adoption legislation contains updates to help streamline and expedite the adoption process, ensure the adoption program is progressive, clarify and modernize the law respecting adoptions, and align principles with the Children and Youth Care and Protection Act, where appropriate.

- 30 -

• View news conference

Media contact:
Michelle Hunt
Director of Communications
Department of Child, Youth and Family Services
709-729-5148, 725-1593
michellehunt@gov.nl.ca

BACKGROUNDER
Key Updates to Adoption Legislation

The Government of Newfoundland and Labrador is introducing new legislation which will help ensure the safety and well-being of children involved in the adoption process. Key updates of Adoption Act, 2013 include:

• Helping to streamline government processes with adoptions, which will in turn increase the number of families able to proceed directly to court to finalize an adoption, as well as reduce wait times in applying to adopt by:
• Expanding the definition of relative to include parent, grandparent, sibling, aunt, uncle or first cousin of a birth parent or a child by birth or adoption;
• Allowing significant others who have permanent custody of a child and have that child in their custody under a permanent or temporary court order for at least two years to adopt in the same manner as a relative or step-parent; and,
• Improving processing timelines by removing the six month residency requirement (i.e. a person interested in applying to the department to adopt a child, or applying to the court to have an adoption order granted, will no longer need to be a resident of the province for a six month period prior to applying. However, the prospective adoptive parent will still be required to be a resident of the province and the child must have lived with them for at least six months before the adoption order is granted.).
• Providing a provision for adult adoption, which refers to the ability to adopt a person 19 years of age or older. While the Department of Child, Youth and Family Services will not be involved in this type of adoption, the court will require the consent of the person being adopted and the court must be satisfied with the reason for adoption. Adult adoption is frequently used for issues related to legal permanence and for the purpose of receiving benefits or inheritance.
• Enhancing post adoption services by:
• Improving search and reunion services for families by allowing the court, if satisfied with the reason for applying, to authorize a person to apply for adoption records where the adopted person or birth parent is not capable of applying;
• Allowing for the disclosure of information by the Registrar of Vital Statistics to an adopted person born in the province and their birth parent where the requirements of the legislation have been met (i.e. when a person born in Newfoundland and Labrador is adopted in another Canadian jurisdiction, the Registrar of Vital Statistics will now be able to work with the province where the adoption was finalized to determine if it is possible to release the birth registration following an adoption);
• Allowing the Registrar of Vital Statistics to enter into information sharing agreements with other provinces;
• Improving search services on behalf of adopted persons; and,
• Allowing the Department of Child, Youth and Family Services’ provincial director responsible for adoptions to share information with other Canadian adoption authorities where the information is necessary for the authority to perform its duties or exercise its powers.
• Continuing to explore a number of key areas such as:
• Addressing issues related to the adoption of Aboriginal children via the Planning Circle as part of the Memorandum of Understanding with the Nunatsiavut Government, Sheshatshiu Innu First Nation, and the Mushuau Innu First Nation; and,
• Determining approaches to attract more prospective adoptive parents for children who have a high level of complex needs through such options as child specific recruitment.

2013 12 03                                        3:05 p.m.