In Ontario, adopting an adult is a simplified legal process that does not require the consent of the biological parents. Many families finalize adult adoptions to legally recognize a lifelong parent-child bond, secure inheritance rights, and ensure the adult child is treated equally under a parent’s will.
Not every parent-child relationship is defined by biology, and sometimes, the legal recognition of that bond is delayed. Many stepparents or foster parents raise a child but are blocked from legally adopting them due to a biological parent refusing to sign consent forms.
However, the moment that child turns 18, the legal landscape in Ontario shifts entirely. Under the Child, Youth and Family Services Act (CYFSA), an adult adoption is a direct agreement between the adoptive parent and the adult adoptee. The biological parents no longer have the power to veto the process. 👪
Whether you live in Mississauga, Brampton, or London, finalizing an adult adoption is a deeply emotional milestone. It also carries significant legal weight, particularly for estate planning and inheritance. To ensure all documents are filed correctly with the Superior Court of Justice, most families hire an Ontario family lawyer to guide them through this joyous transition.
Step-by-Step Process in Ontario
Compared to adopting a minor, an adult adoption is highly streamlined. There are no mandatory parenting courses, no Children’s Aid Society (CAS) home studies, and no prolonged waiting periods.
Step 1: Ensure Mutual Consent
The foundation of an adult adoption is the absolute, voluntary consent of both parties. The person wishing to adopt must be older than the adoptee, and the adult adoptee must sign a formal legal consent form agreeing to be adopted. 📝
If the adoptive parent is married, their spouse must also generally consent to the adoption. If the adult adoptee is married, the court may require notice to their spouse as well, ensuring all immediate family members understand the changing legal relationships.
Step 2: Prepare the Application and Affidavits
Your lawyer will draft an Application for Adoption. Unlike adoptions of minors, which focus on safety and child protection, adult adoption applications focus on the history of the relationship.
Both the adoptive parent and the adult adoptee will swear detailed affidavits. These documents explain to the judge why you are seeking the adoption-such as formalizing a lifelong stepparent bond, solidifying estate planning, or simply wanting to share a legal family name.
Step 3: Notify the Biological Parents
This step often causes anxiety, but it is important to understand: you are not asking for their permission. While biological consent is not required for an adult adoption, the Ontario court rules generally still require that the biological parents be served with a notice of the application. 📬
If notifying a biological parent would cause severe emotional distress or if they cannot be found, your lawyer can file a motion asking the judge to dispense with the requirement to serve them.
Step 4: Address Estate and Inheritance Plans
Once the adoption is finalized, the adult adoptee becomes the legal child of the adoptive parent for all purposes, including inheritance.
This means if the adoptive parent passes away without a will (intestate), the adopted adult child will inherit exactly as a biological child would. It is highly recommended that both parties update their Wills and Powers of Attorney with an estate lawyer immediately after the adoption to reflect this new legal reality.
Step 5: The Judge’s Review and Final Order
Adult adoptions rarely require a formal, in-person court hearing. In most cases, a judge at the Superior Court of Justice (Family Court branch) will review the application and affidavits in their chambers. ઈ️
If the paperwork is in order and the judge is satisfied that the adoption is genuine, they will sign the final Adoption Order. You can then use this order to apply for a new birth certificate from ServiceOntario.
How Much Does it Cost in Ontario?
Because there is no need for expensive home studies or Office of the Children’s Lawyer (OCL) investigations, adult adoption is generally much more affordable than adopting a minor. 💵
- Court Filing Fees: Approx. $167 CAD (To file the application in the Superior Court of Justice).
- Lawyer Fees: $2,000 to $4,500 CAD (For drafting the application, sworn affidavits, and handling all court correspondence).
- ServiceOntario Fees: $35 to $75 CAD (To officially register the new birth certificate and legally change the adoptee’s name, if desired).
| Legal Requirement | Adopting a Minor (Under 18) | Adopting an Adult (18+) |
|---|---|---|
| Biological Parent Consent | Mandatory (unless dispensed by court) | Not Required |
| CAS Home Study | Mandatory (in most cases) | Not Required |
| Adoptee’s Own Consent | Required only if 14 or older | Mandatory |
How Long Does the Process Take?
The timeline for an adult adoption is refreshingly fast compared to other family court matters. ⏱️
Drafting the application and gathering the necessary signatures usually takes a few weeks. Once filed with the Superior Court of Justice, it typically takes 3 to 6 months for a judge to review the paperwork and issue the final Adoption Order, depending on how backlogged the local courthouse is. Updating the birth certificate with the province takes an additional 6 to 8 weeks.
Frequently Asked Questions (FAQ)
Do I lose my inheritance from my biological parents?
Legally, yes. An adult adoption severs your legal ties to your former biological family. If your biological parent dies without a will, you will no longer automatically inherit from them. However, they can still choose to leave you money explicitly by naming you in their written Will.
Can I change my last name during the adult adoption?
Yes. The adoption application allows the adult adoptee to request a legal name change. Once the adoption order is granted, the new name will be placed on their re-issued Ontario birth certificate.
Does the adoptee have to live with the adoptive parent?
No. Because both parties are adults, there is no requirement that they reside in the same house. The adult adoptee can be married, have their own children, and live in a completely different city.
Can I be adopted by more than one person?
Yes, you can be adopted jointly by a married or common-law couple. If you are only being adopted by a stepparent, the adoption can be structured so that it does not sever the legal relationship with your other parent (the stepparent’s spouse).
Leave a Reply