Family and Community Services

New legislation to allow open adoption in New Brunswick (07/03/27)

NB 376

March 27, 2007

FREDERICTON (CNB) - The Government of New Brunswick is introducing changes to legislation to modernize the adoption process and to allow for open adoptions. Open adoptions encourage contact between the adoptive family and the birth parents during the life of the child.

Family and Community Services Minister Carmel Robichaud today introduced amendments to the Family Services Act to modernize and streamline adoption services in New Brunswick.

"The best interest of the child is the main objective of this series of important amendments," Robichaud said. "The amendments proposed will allow the Department of Family and Community Services to provide the greatest possible protection for all adoptive children while balancing parental rights."

Open adoption is an important component of the proposed amendments. It will allow some degree of contact (letters, pictures or visits) between the adoptive family and the birth parents or significant relative members (grandparents, aunt, uncle or others). Although open adoption has occurred in practice, there has been no legislative framework for them.

"Research shows that where appropriate, open adoptions work to the benefit of all involved," the minister said. "In some circumstances, stopping all contact with those individuals is not in the best interests of the child. An open adoption will be considered on a case-by-case basis."

Other amendments are:

For Ministerial Adoption:

• Establish placement agreements with the new adoptive parents prior to the completion of adoption process. Currently when adoptive applicants take a child into their home, there is no specific authority for the parents to look after and care for the child until the adoption order is finalized.
• Provide a clearer definition of subsidized adoption for families who adopt older children, special needs children or sibling groups as they often need ongoing support, services and financial assistance.

For Private Adoption:

• Protect the interest of the child while respecting the rights of the birth parents by reducing the time frame to revoke adoption consent from six months after adoption to 30 days after consent is given.
• Require 60 days instead of 30 days to notify the minister of a proposed placement of a child in a private adoption. The 60 days' notice is justified considering the importance of the placement and potential consequences. This will allow FCS staff to perform preliminary assessments to ensure the child will not be at risk.
• To give birth parents the ability to revoke the adoption consent if the risk assessment show that the placement will put the child at risk or is deemed to be unsuitable.

For all adoptions:

• Ensure that the act conforms with the Canadian Charter of Rights and Freedoms, and the New Brunswick Human Rights Act, by allowing all common law couples to jointly adopt children.
• Clearly forbid any kind of solicitation or advertising for the adoption of children, since solicitation for the purposes of adoption is unconscionable and inconsistent with child welfare values in Canada.
• Clarify and simplify various other provisions for administrative purposes.

"Adoption services, which are governed by the Family Services Act and the Intercountry Adoption Act, are a vital part of the child welfare system in New Brunswick," Robichaud said.

More information is available online.

07/03/27

MEDIA CONTACT: Robert Duguay, communications, Family and Community Services, 506-444-3684.

07/03/27