Adoption of a child in Children's Aid Society care
Legal steps for a foster or kinship caregiver to adopt a child placed by a Children's Aid Society, from the application to the order.
What is included
- Explains who is a legal parent under Ontario's Children's Law Reform Act and how parentage can be confirmed
- Drafts or reviews surrogacy, donor and pre-conception parentage agreements
- Prepares adoption or parentage applications and supporting affidavits
- Gives independent legal advice to one party where the law or the agreement calls for it
- Represents you at any court hearing needed to complete the process
What is not included
- Court filing fees, process servers, valuations and other disbursements, unless the lawyer's retainer includes them
- Steps beyond the scope the lawyer confirms in writing, such as a trial or an appeal
- The charges of valuators, assessors, mediators or arbitrators
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Intended parents, surrogates and donors
- Step-parents, relatives or others who wish to adopt
- Parents who need parentage confirmed by a court
Information to have ready
- 1Birth records and any existing court orders or agreements
- 2Fertility clinic, agency or home study documents, if any
- 3Names and contact details of the other parents, donors or surrogate
- 4Documents from another country, if the process is international
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $2,500–$6,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Does each person in a surrogacy arrangement need their own lawyer?
Usually, yes. Ontario's Children's Law Reform Act generally requires the surrogate and the intended parents to receive independent legal advice before signing the surrogacy agreement.
Can a child have more than two legal parents in Ontario?
In some cases, yes. A pre-conception parentage agreement can allow up to four parents to be recognized, if the legal requirements are met.
Does an adoption end the birth parents' legal rights?
Generally, yes, an adoption order makes the adoptive parents the child's legal parents. In some adoptions an openness order or agreement allows ongoing contact with birth family.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the court decides any issue that is not agreed
- The lawyer decides whether they can act after checking for conflicts of interest
- Court dates and limitation periods keep running while you choose a lawyer
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