Adult Adoption in Alberta

Adult adoption is a legally recognized process in Alberta that permits an adult to adopt another adult for reasons such as estate planning or formalizing familial relationships. Governed by Alberta’s Adult Adoption Act, adult adoption involves an application for an adoption order with specific requirements and eligibility criteria to be met. Unlike the adoption of a minor, adult adoption only requires consent from the applicant and the adult person to be adopted.

Navigating the complexities of adult adoption requires the guidance of a lawyer experienced with adoption orders and court procedures. This article aims to provide an overview of the Alberta Adult Adoption Act, including eligibility criteria, application requirements, and the effects of an adoption order. Understanding the legal procedures surrounding adult adoption in Alberta is important for anyone considering applying for this type of adoption.

Key Takeaways

• Adult adoption in Alberta allows individuals who are 18 years of age or older to be adopted.
• The applicant must be a resident of Alberta, and the person to be adopted must be a Canadian citizen or be lawfully admitted to Canada for permanent residence.
• The Court may grant an adoption order if it is not against the public interest.
• If granted an adoption order, the adopted person ceases to be the child of their previous parents (biological or adoptive), and becomes the child of the applicant.
• If the applicant is adopting their spouse’s child, the adoption order will not change the parent-child relationship between the adopted person and the applicant’s spouse.

Reasons for Adult Adoption

There are several reasons why individuals might consider adult adoption. Two of the most common motivators are estate planning and the formalization of familial relationships.

Estate Planning: through adult adoption, individuals can ensure that their assets are transferred to their adopted adult child in accordance with their wishes upon their passing. This can help prevent legal disputes from arising and reduce the risk of challenges to the distribution of their estate once they have passed.

Formalization of Familial Relationships: adult adoption adds legal recognition to the relationship between the applicant and the adopted person, granting parental rights and responsibilities. S. 9(1) of the Adult Adoption Act explains that when an adoption order is made, the applicant becomes the parent of the adopted person as if the adopted person had been born to the applicant.

Adult adoption can also strengthen the emotional connection between the applicant and the adopted person by reinforcing their sense of family unity.

Application Process for Adult Adoption

The application process for adult adoption in Alberta entails the submission of necessary documentation and affidavits to the Court of King’s Bench of Alberta. S. 3(2) of the Adult Adoption Act lists the essential components of an application for an adoption order:

• An affidavit from the applicant outlining their relationship to the person they wish to adopt and their reasons for adopting that individual.
• An affidavit from the person to be adopted indicating both their consent and their reasons for wanting to be adopted.
• A certified copy or extract of the record of birth of the person to be adopted, made with respect to the laws of the registration of births in whichever province, territory, state, or country they were born in.
• A certified copy of any change of name certificate, again made with respect to the laws of the change of name in whichever province, territory, state, or country they obtained the change of name.

Requirements for Granting an Adoption Order

In Alberta, the Court may grant an adoption order under the Adult Adoption Act if doing so would not be contrary to public interest. However, other requirements must also be met before an adoption order can be granted.

The Court is required to consider the views and wishes of the person to be adopted, and may even hear them upon request. It is also within the Court’s discretion to hear an application for an adoption order in private. There are also residency and citizenship requirements that must be met for eligibility for adult adoption.

Residency and Citizenship Requirements

In order to be eligible for an adoption order under the Adult Adoption Act in Alberta, both the applicant and the person to be adopted must meet specific residency and citizenship requirements. These requirements ensure that the applicant has a legitimate connection to the province of Alberta and that the person to be adopted has the necessary legal status to be eligible for adoption in Canada.

S. 5 of the Adult Adoption Act dictates the following residency and citizenship requirements:

• The applicant must be a resident of Alberta. This means that the applicant must have a permanent address in Alberta and must have established their primary residence within the province.
• The person to be adopted must be a Canadian citizen, or be lawfully admitted to Canada for permanent residence.

Meeting these residency and citizenship requirements is vital to the successful completion of an adult adoption in Alberta.

Who Can Apply for an Adoption Order

Applicants for an adoption order under the Alberta Adult Adoption Act must also meet specific eligibility criteria:

• Individuals who are 18 years of age or older may apply to the Court for an adoption order.
• An application for an adoption order can be made by one individual, or jointly by two individuals that are spouses of one another.
• The Adult Adoption Act only allows for the adoption of individuals who are 18 years of age or older.

Effects of an Adoption Order

The effects of an adoption order under the Adult Adoption Act in Alberta are significant, as the order establishes the legal parent-child relationship between the applicant and the adopted person. This has several implications:

• The applicant becomes the parent of the adopted person, creating a legal bond between them.
• The adopted person ceases to be the child of their previous parents, severing their legal ties to their biological or previous adoptive parents.
• If the applicant adopts their spouse’s child, the child remains the spouse’s child and the spouse remains the child’s parent, ensuring that the existing family structure is maintained.
• In testamentary documents, unless expressly stated otherwise, any references to a person, group, or class of people described through their relationships by blood or marriage to a person are deemed to include individuals that meet that description as a result of their own adoption or the adoption of another person.

These effects are intended to reflect the new reality created by the adoption order and ensure that the adopted person is treated as a legitimate member of the adopting person’s family.

It is also important to note that laws regarding incest and the prohibited degrees of marriage still apply with respect to an adoption order, and that the Act does not impact property interests that already vested in a person before the adoption order was made.

Appeals and Setting Aside an Adoption Order

Appeals and setting aside an adoption order in Alberta are legal processes that give opportunities for reconsideration, or even the potential reversal of the previously established parent-child relationship. In the event that a party involved in an adoption order is dissatisfied with the decision made by the Court, they have the right to appeal the decision to the Court of Appeal within 30 days of the decision being made. This allows for a higher court to review the case and potentially overturn the original decision.

There may also be circumstances where an adoption order will need to be set aside. This can only be done within one year of the date the order was made. When that one year period has passed, an application for an adoption order to be set aside can only be made if the order was procured by fraud. If the Court determines that the adoption order was fraudulently obtained, they have the authority to set aside the adoption order. In these cases, the relationships between the adopted person and others involved in the adoption will be re-established to the exact state they were in prior to the adoption order being made.

It is important to note that there are specific procedures and requirements that must be followed when appealing or applying to set aside an adoption order. Parties involved should seek legal advice to ensure they adhere to the necessary timelines and procedures to have their case heard by the appropriate court.

Conclusion

In conclusion, adult adoption in Alberta allows individuals to formalize their familial relationships and address their estate planning concerns, among other things. The Adult Adoption Act outlines the application process and requirements of adult adoption in Alberta, ensuring the lawful adoption of an adult.

By seeking a knowledgeable lawyer’s guidance in the adult adoption process, individuals can more easily navigate the legal complexities of the application procedure and better understand the implications of an adoption order.

References

Adult Adoption Act, RSA 2000, c A-4
https://www.canlii.org/en/ab/laws/stat/rsa-2000-c-a-4/latest/rsa-2000-c-a-4.html

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