Adult Adoption in Ontario
What is adult adoption?
In Ontario, a person may be adopted at any age. Adult adoptions are generally adoptions of people aged 18 and older. However, in some circumstances, a person as young as 16 years old may qualify for an adult adoption.
Why are adults adopted?
The legal status of parenthood has important implications for wills, income taxes, and the obligation adult children have to take care of their parents under the Family Law Act. Adult adoption has the same impact on the parent-child relationship as the adoption of a minor. It creates a legal parent-child relationship between the applicant and the adoptee and may sever an existing parent-child relationship.
Fresh Legal can help.
The requirements for adopting an adult are no less strict than those to adopt a minor. We can help you prepare your application and bring it to court. Book a free call with one of our lawyers to start your own adult adoption application.
Adopting an adult is not the same as adopting a minor.
There are two major differences between the court’s review of an adult adoption application compared to a minor adoption application. First, in an adult adoption, the court must consider the prospective adoptee’s views and wishes. When the court considers the adoption of a minor, their views and wishes are given weight in accordance with their age and maturity. Second, in an adult adoption, the consent of the biological parents is not required. In the adoption of a minor, the biological parents need to provide their written consent and they may be a party to the adoption application.
Although the parties involved are adults, the consent of the prospective adoptee does not guarantee a successful application. In addition to consent, the courts will consider whether the proposed adoption is in the adult child’s best interests. The court must also consider if the factors below are met. If one or more of these factors is missing, the court may dismiss the application.
Required criteria for an adult adoption:
The courts will consider:
Whether the adoption will create a genuine change in the relationship between the applicant and the proposed adoptee.
Whether the parties are aware that an adoption will create a legal change in their relationship and if they actually want that change to occur.
Whether the essential purpose is to fill a “parental gap” for the adoptee or if it is for some other purpose (e.g. immigration or another strictly legal reason).
Whether the adoption will “enhance and strengthen” the relationship between the applicant and the proposed adoptee.
Successful Adult Adoption Applications in Ontario
A 30-year-old woman was successfully adopted by her step-father, in 2013. The court found that the permanency of the adoption order would give a sense of stability and wholeness to the family. In addition, the adoption would formalize and strengthen the relationship between the adoptee’s young children and their step-grandfather. (Re Adoption of M.O.M)
The courts will grant adoptions of non-citizens if they are satisfied that the application is genuine. For example, the court approved an adult adoption of an international student whose parents were still alive. The adoptee and the applicants knew each other for over 16 years through an international foster parent program and had visited each other multiple times. At the time of the application the adoptee had been living with the applicants and attending university in Canada for three years. (Re CTA, 2010 ONSC 2222)
Lastly, in 2021, an Ontario court found an adoption of a 58-year-old by a 90-year-old was an adoption for a legitimate purpose. The Toronto Island Trust brought an action in court contesting the transfer of property on the island from the 90-year-old property owner to the 58-year-old adoptee. They argued that the reason for the adoption was to avoid the rules for property transfers on the island. However, the court found an alternative purpose unlikely given the well documented length and strength of the relationship between the adoptee and the applicant. (Toronto Islands Community Trust Corporation v Peter McLaughlin and Steven Whitfield, 2021 ONSC 206)
Unsuccessful Adult Adoption Applications in Ontario
In addition to the four factors listed above, Ontario courts have dismissed or postponed adult adoptions for other reasons. The courts will not grant an application until they are satisfied of the consent of the parties, that notice has been given to the current parents, and that the parties are residents of the province.
In the case of RK, the court postponed a decision on the grandparent’s adoption application. Although their grandson was an adult, there was no indication of his informed consent, views, or preferences regarding the adoption. (Re Proposed Adoption of RK, 2013 ONCJ 701)
The court did not grant a 92-year-old’s application to adopt her 32-year-old granddaughter. The granddaughter’s parents and step-parent had not been notified of the application. The granddaughter alleged mistreatment by her parents but the court would not grant the application without hearing from the parents. They had to be notified, so they may answer the allegations and make a case to maintain the status quo. (Re Proposed Adoption of Q (ALK), 1996 CanLII 4748 (ON CJ))
In 2011, an Ontario court denied an adult adoption application because the applicant lived outside of Ontario. The law requires both the person being adopted and the applicant to reside in Ontario. The step-father lived in Switzerland, one adult child resided in Ontario, and the other adult child resided in Alberta. Although the parties to the application satisfied the four factors above, the residency requirement prevented their success. There is no way around this legal requirement. (T.T.K.O., S.P.O. G.D.K., 2011 ONSC 6601)
Fresh Legal wishes to acknowledge our intern, Giselle Alexander, for her work researching and writing this article.