Adoption of Stepchildren in Alberta: What You Need to Know
The adoption of stepchildren in Alberta is more than a legal process—it’s a heartfelt way for a stepparent to formally embrace a child as their own. As family lawyers, we often work with stepparents who want to make this commitment, reflecting their love, care, and dedication to the child’s well-being.
When a stepparent adopts a child, they gain full legal parental rights, ensuring they can make important decisions for the child’s upbringing and welfare. Once the adoption is finalized, these rights are protected, and the legal relationship becomes permanent.
In this blog, we will examine what you need to know about the adoption of stepchildren in Alberta.
The Importance of Adopting a Stepchild
The adoption of a stepchild is a meaningful way to establish a legal parent-child relationship between a stepparent and their spouse’s child. By formalizing the relationship, families can strengthen their bond and give the child a true sense of belonging.
Legally, adoption of stepchildren in Alberta grants stepparents the same rights and responsibilities as birth parents. This includes making decisions about the child’s education, healthcare, and overall welfare, and solidifies the stepparent’s role as a legal guardian.
Beyond the legal benefits, stepchild adoption has a profound emotional impact. It strengthens the bond between the stepparent and child, reinforces family unity, and affirms the existing love and support within the family.
For those who wish to play an important role in a child’s life without full adoption, becoming a legal guardian is another valuable option. Legal guardianship grants specific responsibilities and decision-making authority, allowing a stepparent to provide guidance, support, and stability for the child.
How The Adoption Process Works In Alberta
The Court of King’s Bench rules on matters of the adoption of stepchildren in Alberta by court application. Included with your application, you must have:
- An affidavit by the applicant
- Any required consents, or an affidavit explaining a request to dismiss consents
- Family and medical history of the child’s biological parent
- The results of a criminal record check of the applicant
Lawyers are often retained to prepare applications, file documents, and represent clients in court for adoptions of stepchildren in Alberta. While parties can choose to self-represent, navigating the process independently can be complex and time-consuming.
Adoption applications require that certain documents be formally served to all relevant parties. This includes the Alberta Minister of Children and Family Services, all guardians involved, the child’s biological parents (even if they are not guardians), and the child themselves if they are over 12 years old.
To obtain an adoption order, the adopting parent must demonstrate their ability to provide proper care and show that the adoption is in the child’s best interests. Consent is generally required from the birth parents and/or guardians, and children over 12. In some cases, the Court may grant adoption without a biological parent’s consent, taking into account the views of both the parent and the child, as well as the current guardianship circumstances.
Adult interdependent partners, including same-sex partners, are also eligible to adopt stepchildren in Alberta. For those unsure whether their relationship qualifies, the Alberta Adult Interdependent Relationships Act provides guidance.
Once finalized, the adoption establishes the stepparent as the child’s legal parent, while the birth parent or current guardian, with the exception of the spouse of the applicant, loses all parental rights, duties, and responsibilities. Because adoption can be lengthy and costly, securing experienced legal support is often essential, even though self-representation remains an option.
The Requirements For Adoption of a Stepchild in Alberta
An adoptive parent will assume the rights, duties, and responsibilities of the child. The Court must be satisfied that the adopting parent is capable of becoming a parent to the child, and that it is in the best interests of the child to be adopted.
When adopting stepchildren in Alberta, certain consents must be obtained depending on your specific situation. Consenting parties may include:
- Birth parents
- Guardians
- Any child over the age of 12 years
There are serious legal ramifications of consenting to allow your child to be adopted by their stepparent.
Legal Outcomes of an Adoption
Once the adoption takes place, the stepparent will be treated no differently than a birth parent. The birth parent or current guardian, with the exception of the spouse of the applicant, loses all their rights, duties, and responsibilities for that child, and has no further legal standing with respect to making decisions for, spending time with, or being responsible for the child.
Adoption is a beautiful way to create a family, and should be a joyful experience. However, without proper support from a qualified lawyer, it can be overly long, frustrating, and expensive. To keep your adoption smooth and positive, consider working with a family lawyer.
Helping You Build Your Family
At Jones Divorce & Family Law, we are well-versed in the adoption of stepchildren in Alberta. Our experienced family lawyers can help with the legal details in the context of unique family situations so you can relax and enjoy the process.
For more information on the adoption of stepchildren in Alberta, contact Jones Divorce & Family Law.
Frequently Asked Questions
Can I adopt my stepchild in Canada?
Yes, you can adopt your stepchild even if you are not married to their biological parent. Common-law partners and same-sex partners are also eligible to adopt.
Can my partner adopt my child without the other biological parent’s consent?
An adoption can be finalized without the other biological parent’s consent, but it’s not a simple process. If the other biological parent is no longer a guardian of the Child their consent may not be required. The court can waive the requirement for consent after considering a number of factors, including:
- The child’s relationship with their biological parent
- The child’s existing family reality, including living situation
- The child’s views and wishes
- The stepparent’s motivations
- The potential for harm
Does a stepparent have any rights in Alberta?
Stepparents who have adopted their stepchildren have the same legal rights as biological parents in Alberta. If the stepparent does not adopt the stepchildren, the stepparent may still be found to stand in loco parentis (in the place of a parent) to the child, meaning that the Court would consider both parenting and child support issues.
How much does it cost to adopt a stepchild in Alberta?
The cost of adopting a stepchild in Alberta can range significantly depending on a variety of different factors, such as the service of the biological parents, whether assessments are involved, and whether the Court requires any other third-party information to be presented.
For more information about how we can help you with your adoption, contact us for a consultation.
Disclaimer: The content provided in the blog posts of Jones Divorce & Family Law is general information and should not be considered legal advice. Please contact a lawyer for legal advice tailored to your specific situation. All articles are current as of their original publication date.
