Placing a Child for Adoption

What is adoption?

Adoption is a legal process where the rights of a parent regarding his or her child are transferred to another person or persons. When you place a child for adoption, you give up all of your rights and responsibilities to that child.

Who can adopt?

To adopt in Manitoba, you must be a Manitoba resident and over 18 years old.

Both heterosexual and homosexual couples can adopt.

A person can apply to adopt their common law partner's child or their spouse's child.

Two members of a child's family can apply for extended family adoption.

Two people that are not married or common law can apply for de facto adoption if they have cared for and financially supported a child for 2 continuous years.

How do I place my child for adoption?

Through Child and Family Services Agency - You can transfer your parental rights regarding your child to a Child and Family Services agency, which will try to find someone to adopt your child. You may or may not know who your child is being placed with.

Through a licenced adoption agency - You may work with a licenced adoption agency to choose a parent or parents for your child. You may also be able to make contact or visitation arrangements with the family after the adoption is granted.

Through a direct placement - If you know someone whom you would like to adopt your child, that may be possible. Your chosen prospective adoptive parent(s) must apply with an adoption agency and be approved. You must also receive service from an agency.

Adoption Options Manitoba is a licenced adoption agency in Winnipeg and you can contact them for advice about what to do if you are pregnant and want more information about exploring your options.

How soon after birth can I place my child for adoption?

You cannot be asked to sign consent to the adoption until at least 48 hours have passed since the birth of your child. You then have 21 days to change your mind about the placement. If you change your mind within 21 days the child must be returned to your care unless the adoption agency believes that the child would be in danger if that were to happen.

Does the birth father have to agree to the adoption?

If you are not married to the birth father or if he is not your common-law spouse or you were not in a common-law relationship with the birth father during your pregnancy, you are not required to place his name on the birth certificate and his consent is not required.

If the birth father is your husband or your current or former common-law spouse, you must place his name on the birth certificate and you must obtain his consent for the adoption to be granted. Your lawyer may be able to have the court do away with the consent requirement if it can be proven that the father has abandoned the child.

Even if the birth father is not named on the birth certificate, the law requires that he be given written notice of the adoption plan and he has a right to file an objection.

Can I get money for placing my child for adoption?

No. It is illegal to accept money or a gift for the adoption of a child or to agree to accept money or a gift at a future date after the adoption order is granted.

What if I change my mind about placing my child?

You have 21 days to withdraw your consent for the adoption. You must give this notice in writing to the Director of Child and Family Services. If this is done, the child must be returned immediately to you even if legal proceedings have already begun.

If you transfer guardianship to a Child and Family Services agency for adoption on a voluntary basis, you may change your mind up to 1 year after the surrender date or until the child is placed in a home for adoption. Please remember that most healthy newborns are placed with a home for adoption immediately after the revocation of consent period ends.

Can I see my child after he or she has been adopted by other parents?

Yes, agreements can be made between the birth parents and the adoptive parents that allow for contact between the birth parents and the child. These are called Openness Agreements and can also include contact with members of the birth family. Access is sometimes granted by court order.

How do I cope with placing my child for adoption?

Whether you choose to parent or place your child for adoption, you will face a loss. If you parent, you face the loss of your immediate planned future. If you place your child, you face the loss of your baby. Grief counselling is critical to help you explore these losses. Both pre-placement and post-placement counselling should be a large part of any adoption plan.

LINKS has a support group available to help people deal with the mix of emotions experienced when placing a child for adoption. There are meetings held on the third Thursday of every month at 406 Edmonton Street, Winnipeg, at 7:30 p.m.

Finding Your Birth Parents

I was placed for adoption when I was a baby. How can I find out information about my birth parents?

You may request information about your birth parents from the Manitoba Post-Adoption Registry if you are over 18.

If you are under 18, your adoptive parents may request information about your birth parents from the registry on your behalf.

The Parent Finders National Office helps to reunite adopted children, birth parents, siblings and grandparents.

The Post-Adoption Registry also helps contact birth parents and adopted children and siblings. There is a fee for this service.

Can the Post-Adoption Registry tell me who my parents are?

If your birth parents have told the registry not to give any information out about them, the registry will not release this information.

If your birth parents have not banned the registry from giving out information about them, the registry may be able to give you information about birth names, medical history, other members of your birth family and place of birth.

Will the Post-Adoption Registry find my parents for me?

If your birth parents have already informed the registry that they do not wish to be contacted, the registry will not give you any information to help locate them.

If your birth parents have not banned the registry from contacting them, the registry will attempt to contact your birth parents to find out their wishes.

What if I don't want my birth parents to find me?

You have the same rights as birth parents with regard to information and contact. If you do not wish to be contacted, you should inform the registry that they may not give out any information which could identify you.