Proposed amendments to the Adoption Act, 2013 began second reading in the House of Assembly today (Thursday, October 28).

The proposed amendments are the result of the legislated five-year review of the Adoption Act, 2013. The recommendations are reflective of best practices and input gathered from stakeholders, such as birth families, adoptive families, foster parents, the Newfoundland and Labrador Foster Families Association, the Office of the Child and Youth Advocate, Indigenous governments and organizations, and the public.

If passed, the proposed amendments would:

• Recognize the rights and needs of Indigenous children in the adoption process;
• Expand the factors considered when determining the best interests of the child for the purposes of adoption to include the importance of preserving an Indigenous child’s cultural identity and the importance of sibling relationships;
• Clarify when and under what conditions court ordered contact continues after an adoption is finalized through new openness order provisions;
• Address a legislative gap for adoption of youth leaving care between their 18th and 19th birthdays; and
• Clarify confidentiality provisions to ensure appropriate transparency while protecting the confidential information of those involved in adoption processes.

For more information on the proposed amendments for the province’s adoption legislation, see the backgrounder below.

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“As a government, we were pleased with the feedback received during the engagement process that helped to inform the proposed amendments of the Adoption Act, 2013. The amendments I introduced today would further strengthen the adoption legislation in Newfoundland and Labrador, as well as address the unique needs of Indigenous children and their families in the adoption process.
Honourable John G. Abbott
Minister of Children, Seniors and Social Development

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Learn More

An Act to Amend the Adoptions Act, 2013

Information on the Adoptions Process

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Media contact
Michelle Hunt Grouchy
Children, Seniors and Social Development
709-729-5148, 682-6593
michellehuntgrouchy@gov.nl.ca

BACKGROUNDER

Information on Proposed Amendments for the Province’s Adoption Legislation

The proposed amendments to the Adoption Act, 2013 include:

Best interests of the child

These amendments would expand the factors considered when determining the best interests of a child in the context of adoption to include:

• the importance of preserving an Indigenous child’s unique cultural identity; and,
• the importance of the relationship between siblings.

Indigenous children and Indigenous representatives

These amendments acknowledge that the best interests of Indigenous children are best addressed through involvement of their Indigenous community in decisions relating to their care. Specific provisions that would apply when adoption of an Indigenous child is being considered are outlined below:

• The terms Indigenous child, Indigenous Government or Organization, Indigenous Representative and Cultural Connection Plan would be defined under the Act
• Where appropriate, a cultural connection plan would be required by the court prior to granting an adoption order.
• Indigenous Governments and Organizations would be identified in a Schedule to the Act and those Indigenous Governments and Organizations would be able to designate Indigenous representatives in the adoption process.
• Indigenous representatives would be notified when an adoption order has been granted by the court. The Indigenous Representative would also be involved in cultural connection planning and have a right to apply for an openness order to ensure communication and connection to culture and community contact following an adoption.

Openness Orders

These amendments would clarify when openness, or post adoption contact between the adopted child and another person, would occur via a court order.

This process would be in addition to opportunities for openness to continue post adoption by agreement of the parties, and includes:

• Allowing the manager, a person with court order contact, or an Indigenous Representative to apply for an openness order.
• Allowing the judge to grant an openness order where it is in the best interests of the child to facilitate communication or contact once an adoption is finalized.

Adoption between 18th and 19th birthdays

An amendment would allow a youth who was in care to be adopted between the ages of 18 and 19 with their consent and the consent of the manager who had custody prior to the youth’s 18th birthday.

Confidentiality and Disclosure

Amendments are required to ensure sensitive adoption information is protected while ensuring maximum transparency for the persons involved, including:

• Clarifying that all “records created by or received by the department in the exercise of all powers, duties, and functions under this Act…” are protected under the Act.
• Clarifying who may obtain information before an adoption is finalized and in what circumstances a director or manager may withhold information.
• Clarifying that a provincial director may disclose information when it is in the best interests of an adopted child or adopted person.

Adding a provision for internal review and appeal to court for persons who are refused access to information.