In Nova Scotia, adult adoption is a streamlined process under the Children and Family Services Act. It is primarily consent-based, requiring the agreement of both the adopter and the adult being adopted. There is no requirement for a home study, and the current court filing fee is $218.05 CAD.
While most people think of adoption as something involving children, adult adoption is a common legal procedure used to formalize existing bonds. Whether you live in Halifax, Dartmouth, or the Annapolis Valley, Nova Scotia law allows a person over the age of 19 to be legally adopted. This often occurs when a step-parent or foster parent has raised a child and wishes to formalize their relationship for emotional, legal, or inheritance reasons. 📍
The legal effect of an adult adoption is the same as any other adoption in Canada. It creates a permanent parent-child relationship in the eyes of the law, resulting in a new birth certificate. However, because the person being adopted is an adult, the process is significantly less invasive than adopting a minor. Most applicants in this province find that the process focuses on the proper execution of legal forms rather than social worker assessments.
The Step-by-Step Process for Adult Adoption in Nova Scotia
Formalizing a parent-child bond between adults requires navigating the Supreme Court of Nova Scotia (Family Division). Generally, the process follows these standard stages to ensure all legal requirements are met.
Step 1: Confirming Eligibility and Residency
To qualify for an adult adoption in Nova Scotia, the person to be adopted must be 19 years of age or older. The prospective parent must typically be a resident of the province. Unlike child adoptions, there is no "probationary period" or "home study" required by a social worker. The court simply needs to be satisfied that the adoption is being sought for a genuine purpose, such as formalizing a family unit. 📝
Step 2: Obtaining the Required Consents
The most critical part of an adult adoption is the Affidavit of Consent. Both the adopter and the person being adopted must sign a formal document stating they agree to the adoption. In Nova Scotia, the consent of the biological parents of the adult is not required. This makes adult adoption much faster and less contentious than cases involving minors. 💡
Step 3: Filing the Application in Court
Your lawyer will prepare and file an Application for Adoption at the Supreme Court (Family Division). If you are in the Halifax Regional Municipality, this is usually handled at the court on Devonshire Avenue. You must provide the person's original birth certificate. If the person was born outside of Canada, additional documentation regarding their immigration status may be required.
Step 4: The Final Adoption Order
In many cases, the judge will grant the adoption order based on the written evidence provided. A formal hearing is often unnecessary unless there are unique legal complexities. Once the judge signs the Adoption Order, it is sent to Vital Statistics, and a new birth certificate is issued. 🎉
How Much Does Adult Adoption Cost?
The cost of an adult adoption in Nova Scotia includes government fees and professional legal fees for the labour involved in drafting the affidavits and court forms.
| Service / Fee Item | Estimated Cost (CAD) | What it Covers |
|---|---|---|
| Court Filing Fee | $218.05 | The mandatory fee to open the file in the Supreme Court. |
| Lawyer Professional Fee | $1,500 – $3,500 | Includes drafting, filing, and legal advice. |
| New Birth Certificate | $33.00 – $40.00 | Paid to Vital Statistics after the order is granted. |
| Disbursements | $100 – $250 | Couriers, photocopies, and postage. |
How Long Does the Process Take?
Generally, a standard adult adoption in Nova Scotia is completed within 3 to 6 months. The main factors affecting the timeline are the court's current backlog and the time it takes for Vital Statistics to process the new birth certificate. Because no social worker intervention is needed, the process is quite predictable compared to other family law matters. ⏱
Frequently Asked Questions (FAQ)
Do biological parents need to be notified?
No. In Nova Scotia, when an adult is being adopted, the law does not require you to serve notice or obtain consent from the biological parents. The decision rests entirely between the adopter and the adult being adopted.
Can a single person adopt an adult?
Yes. A single adult can apply to adopt another adult in Nova Scotia. The law does not require the adopter to be married or in a common-law relationship.
Can I change my name during the adoption?
Yes. As part of the adoption application, the adult can request to change their surname to match the adoptive parent's name. This will be reflected on the new birth certificate issued by the province.
Does adult adoption affect inheritance?
Yes. Legally, the adopted adult becomes the "child" of the adoptive parent for all purposes, including inheritance under the Intestate Succession Act if there is no will. It also removes the legal "child" status from the biological parents.
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