1.6.0 Introduction
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Chapter 6 of Volume 1 contains provincial standards for adoption and post-adoption services provided under The Adoption Act.
Chapter Content
The sections in Chapter 3 of Volume 1 are currently not available. They will be added as the Child Protection Branch in consultation with the child and family services authorities approves them.
When applicable, the sections to be added to this manual will replace existing policies and standards available through the Child Protection Branch.
For more information on the status of this project, contact the Director, Authority Relations at (204) 945-3848.
Legislation
The following highlights provisions in The Adoption Act and regulations that apply to Chapter 6 of Volume 1.
Interpretation and Administration
General Adoption Provisions
Categories of Adoption
Confidentiality, Disclosure and the Post-Adoption Registry
General Adoption Provisions
Categories of Adoption
Confidentiality, Disclosure and the Post-Adoption Registry
Interpretation and Administration
Section 1 of The Adoption Act contains definitions used in the Act and regulations.
Section 5 lists the duties and powers of the director (Director of Child and Family Services). Part 4 of the Child and Family Services Authorities Regulation list those duties and powers that are transferred to or shared with the four child and family services authorities (authorities) established under The Child and Family Services Authorities Act.
General Adoption Provisions
Part 2 of the Act contains general adoption provisions including:
- who can adopt (sections 10 and 11)
- consent requirements (sections 12 to 23)
- declaration of parentage and notice to birth fathers (sections 22 to 26)
- application to court and orders of adoption (sections 27 to 30)
- status of an adopted child (section 31)
- openness agreements (section 33)
- financial assistance (section 34)
The Adoption Regulation includes, among other things, provisions relating to adoption service, advertising, and fees and disbursements. Schedule B contains prescribed forms.
The Financial Assistance for Adoption of Permanent Wards Regulation provides for financial assistance to eligible permanent wards placed for adoption.
Categories of Adoption
Part 3 of the Act pertains to the categories of adoption as follows:
- Division 1 – adoption of permanent wards as defined in section 1
- Division 2 – private adoptions
- Division 3 – intercountry adoptions
- Division 4 – de facto adoptions
- Division 5 – extended family adoptions
- Division 6 – adoption by person who has married parent
- Division 7 – adoption of an adult
The Intercountry Adoption (Hague Convention) Act governs adoptions between Manitoba and countries that have ratified the Hague Convention. Division 3 of The Adoption Act makes provision for two types of intercountry adoption applications: adopting a child who resides in another country and who is legally available for adoption in Canada and adopting a child in the courts of another country.
Confidentiality, Disclosure and the Post-Adoption Registry
Part 4 of the Act deals with confidentiality, disclosure and the post adoption registry. Sections 100 to 108 pertain to confidentiality and disclosure. Post-adoption registry provisions are contained in sections 108 to 119.
Policy
Every child who can benefit from family life, and whose birth family cannot provide this, should have the opportunity to be placed with a family on a permanent basis. No child should be deprived of this opportunity by reason of age, religion, race, nationality, residence or disabilities that do not preclude living in a family and community.
Standards
The provincial standards in this chapter are minimum requirements for adoption and post-adoption services provided by child and family services agencies and licensed adoption agencies.
Child and family services agencies are also required to follow culturally appropriate standards developed by their respective mandating authorities pursuant to section 19 of The Child and Family Services Authorities Act.
