Adoption in Alberta is governed by the Child Welfare Act.
If you wish to adopt your spouse's child or a child placed in your care by a parent of the child (if the parent is a relative of yours), you must make a request for adoption to the Alberta Court of Queen's Bench. The request is made by way of a document called a petition. The petition, with a filing fee, is filed at the Court of Queen's Bench along with several other documents which support the petition. A date is then set for an adoption hearing in front of a Justice of the Court of Queen's Bench. Several people must be personally served with the date, time and place of the hearing, and the filed documents, following which Affidavits of Service are also filed. At the adoption hearing, if the Justice is satisfied with the petition and supporting documents, service and information you present to the Court, the Justice will grant the adoption.
If you wish to adopt a child other than your spouse's child, or a child who is a relative of yours placed in your care by a parent of the child, you must contact a licensed adoption agency. The petition and support documents for adoption of such a child must be filed with the court by an officer of a licensed adoption agency rather than your lawyer.
Adults may also be adopted in Alberta. The Adult Adoption Act governs adoption of Canadian citizens 18 years of age or older by residents of Alberta at least 18 years of age. Adult adoptions are also commenced by way of a petition and supporting documents filed with a filing fee at the Court of Queen's Bench. An adoption hearing before a Justice may not be necessary, but will be held at the request of the person to be adopted. If a hearing is not held a Justice will review the petition and supporting documents privately. If the Justice is satisfied with the petition and supporting documents, and with the reason for the adoption, the Justice will grant an adoption order.
For more information please contact Cindee Nyrose, Kelly Christie or Roy Davidson.