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| This Act is current to October 8, 2024 | |||
| See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force. |
Part 1 — Introductory Provisions
"administrator" means the chief executive officer of an adoption agency or another officer of an adoption agency designated by the agency for the purposes of this Act;
"adoption agency" means a society licensed in accordance with the regulations;
"birth mother" means the person who gives birth to, or is delivered of, a child, regardless of whether her human reproductive material was used in the child's conception, unless the person is a surrogate within the meaning of section 29 of the Family Law Act;
"caregiver" means a person with whom a child is placed by a director or an administrator and who, by agreement with the director or the administrator, is authorized to carry out the rights and responsibilities, under the agreement, of the director or the administrator;
"child" means an unmarried person under 19 years of age;
"Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption;
"court" means the Supreme Court of British Columbia;
"designated representative", when used in relation to the Nisg̱a'a Lisims Government, a First Nation, an Indigenous community or a Treaty First Nation, means a representative designated in accordance with the regulations;
"direct placement" means the action of a parent or other guardian of a child placing the child for adoption with one or 2 adults, none of whom is a relative of the child;
"director" means a person designated as a director of adoption under section 76.1 (1) (a) and the Provincial director;
"director of child protection" means a director designated under section 91 of the Child, Family and Community Service Act;
"extraprovincial agency" means an official or agency located outside British Columbia and having substantially similar powers as a director in respect of guardianship;
"First Nation child" means a child
(a) who is a member or entitled to be a member of a First Nation, or
(b) who a First Nation confirms, by advising a director or an adoption agency, is a child belonging to a First Nation;
"Indigenous child" means a child
(a) who is a First Nation child,
(c) who is a Treaty First Nation child,
(d) who is under 12 years of age and has a biological parent who
(i) is of Indigenous ancestry, including Métis and Inuit, and
(ii) considers themselves to be an Indigenous person,
(e) who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers themselves to be an Indigenous person, or
(f) who an Indigenous community confirms, by advising a director or an adoption agency, is a child belonging to an Indigenous community;
"Indigenous community information", in relation to an Indigenous community to which an Indigenous child belongs, means the following information:
(a) if the child is a First Nation child, the name and location of the First Nation;
(b) if the child is a Nisg̱a'a child, the location of the Nisg̱a'a Nation or the child's Nisg̱a'a Village;
(c) if the child is a Treaty First Nation child, the name and location of the Treaty First Nation;
(d) if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, the name and location of the child's Indigenous community;
"Indigenous governing body" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act;
"Indigenous peoples" has the same meaning as in the Declaration on the Rights of Indigenous Peoples Act;
"openness agreement" means an agreement made under section 59;
"parents' registry" means the registry referred to in section 10;
"post-placement report" means a report to court prepared by a director or an adoption agency;
"Provincial director" means the person designated as the Provincial director under section 76.1 (1) (b);
"registrar general" has the same meaning as in the Vital Statistics Act;
"relative", subject to subsection (3) of this section, means a person
(a) who is related to another by birth or adoption, or
(b) who, in the case of an Indigenous child, is considered to be a relative by the child or by the child's Indigenous community in accordance with that community's customs, traditions or customary adoption practices;
"Treaty First Nation", in relation to a Treaty First Nation child, means the Treaty First Nation of which the child is a Treaty First Nation child.
(2) A reference to "guardian" in section 13 (1) (c) or in the phrase "parent or other guardian" or "joint guardian" does not include
(c) a director of child protection, or
(d) the Public Guardian and Trustee.
(3) In the following sections, paragraph (b) of the definition of "relative" does not apply:
2 The purpose of this Act is to provide for new and permanent family ties through adoption, giving paramount consideration in every respect to the child's best interests.
3 (1) All relevant factors must be considered in determining the child's best interests, including for example:
(b) the child's physical and emotional needs and level of development;
(c) the importance of continuity in the child's care;
(d) the importance to the child's development of having a positive relationship with a parent and a secure place as a member of a family;
(e) the quality of the relationship the child has with a parent or other individual and the effect of maintaining that relationship;
(f) the child's cultural, racial, linguistic and religious heritage;
(g) the child's views and preferences, without discrimination, including discrimination relating to Indigenous identity, race, colour, ancestry, place of origin, religion, family status, physical or mental disability, sex, sexual orientation and gender identity or expression;
(h) the effect on the child if there is delay in making a decision.
3.1 (1) If the child is an Indigenous child, in addition to the relevant factors that must be considered under section 3 (1), the following factors must be considered in determining the child's best interests:
(a) cultural continuity, including the transmission of languages, cultures, practices, customs, traditions, ceremonies and knowledge of the child's Indigenous community;
(b) the development of the child's Indigenous cultural identity, including the child being able to practise the child's Indigenous traditions, customs and language;
(c) the preservation of the child's connections to the child's Indigenous community and the region where the child's family and Indigenous community is located;
(d) the child being connected to family;
(e) any plans for the child's care, including care in accordance with the customs and traditions of the child's Indigenous community.
(2) In this section, "family", in relation to an Indigenous child, includes the child's relatives.
3.2 This Act, to the extent the provisions of this Act relate to the adoption of Indigenous children
(a) who are in the continuing custody of a director of child protection, or
(b) in respect of whom a director of child protection is the personal guardian under section 51 of the Infants Act,
must be interpreted and administered in accordance with the principle that Indigenous peoples have an inherent right of self-government, including self-determination, that is recognized and affirmed by section 35 of the Constitution Act, 1982 and by the United Nations Declaration on the Rights of Indigenous Peoples.
Part 2 — The Process Leading to Adoption
Division 1 — Placement for Adoption
4 (1) The following may place a child for adoption:
(i) has care and custody of the child under section 23, or
(ii) is the guardian of the child under section 24;
(c) a parent or other guardian of the child, by direct placement in accordance with this Part;
(d) a parent or other guardian related to the child, if the child is placed with a relative of the child.
(2) In addition to the authority under subsection (1) (a), a director may, at the request of a director of child protection, place a child for adoption with the person or persons selected by the director of child protection, if
(a) the child is in the continuing custody of the director of child protection, or
(b) the director of child protection is the child's personal guardian under section 51 of the Infants Act.
5 (1) A child may be placed for adoption with one adult or 2 adults jointly.
6 (1) Before placing a child for adoption, a director or an adoption agency must
(a) provide information about adoption and the alternatives to adoption to the parent or other guardian requesting placement,
(b) if the parent or other guardian requesting placement wishes to select the child's prospective adoptive parents, provide the parent or other guardian with information about prospective adoptive parents who have been approved on the basis of a homestudy completed in accordance with the regulations,
(c) obtain as much information as possible about the medical and social history of the child's biological family and preserve the information for the child,
(d) give the prospective adoptive parents information about the medical and social history of the child's biological family,
(i) if sufficiently mature, has been counselled about the effects of adoption, and
(ii) if 12 years of age or over, has been informed about the right to consent to the adoption,
(f) make reasonable efforts to obtain any consents required under section 13,
(g) make reasonable efforts to give notice of the proposed adoption to
(i) anyone who is named by the birth mother as the child's biological father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the parents' registry in respect of the proposed adoption, and
(h) make all reasonable efforts, if the child is an Indigenous child,
(i) to obtain information about the Indigenous cultural identity of the child, and
(ii) to preserve the information for the child.
(1.1) Before placing an Indigenous child for adoption, in addition to the requirements under subsection (1), the director or the adoption agency must give the applicable Indigenous community information, if known, to the following:
(a) the child, if sufficiently mature;
(b) the prospective adoptive parents.
(2) A director or an adoption agency may only place a child for adoption with prospective adoptive parents who have been approved to receive placement of a child
(a) on the basis of a homestudy completed in accordance with the regulations, if the prospective adoptive parents reside in British Columbia, or
(b) in accordance with the laws of the jurisdiction in which the prospective adoptive parents reside, if they reside outside British Columbia.
(3) Subsection (1) (a), (b) and (g) does not apply to a director placing a child for adoption under section 4 (2).
7 (1) Before placing an Indigenous child for adoption, a director or an adoption agency must consult and cooperate with the following, as applicable:
(a) if the child is a First Nation child, a designated representative of the First Nation;
(b) if the child is a Nisg̱a'a child, a designated representative of the Nisg̱a'a Lisims Government;
(c) if the child is a Treaty First Nation child, a designated representative of the Treaty First Nation;
(d) if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, a designated representative of an Indigenous community that has been identified by
(i) the child, if 12 years of age or over, or
(ii) a parent of the child, if the child is under 12 years of age;
(e) any other applicable Indigenous governing body.
(2) Subsection (1) does not apply in relation to an Indigenous child
(a) who is in the continuing custody of a director of child protection, or
(b) in respect of whom a director of child protection is the personal guardian under section 51 of the Infants Act.
8 (1) As soon as possible before a direct placement, the prospective adoptive parents must notify a director or an adoption agency, in accordance with the regulations, of their intent to receive a child in their home for adoption.
(2) As soon as possible after being notified under subsection (1), a director or the adoption agency must
(a) provide information about adoption and the alternatives to adoption to the parent or other guardian proposing to place the child,
(b) obtain as much information as possible about the medical and social history of the child's biological family and preserve the information for the child,
(c) give the prospective adoptive parents information about the medical and social history of the child's biological family,
(d) prepare, in accordance with the regulations, a pre-placement assessment of the prospective adoptive parents,
(e) give a copy of the pre-placement assessment to the prospective adoptive parents and to the parent or other guardian of the child, and
(i) if sufficiently mature, has been counselled about the effects of adoption, and
(ii) if 12 years of age or over, has been informed about the right to consent to the adoption.
(3) If the child being placed is an Indigenous child, in addition to the requirements under subsection (2), the director or the adoption agency must give the applicable Indigenous community information, if known, to the following:
9 Prospective adoptive parents may receive a child by direct placement but only if, before the child is received in their home,
(a) the parent or other guardian placing the child receives a copy of the pre-placement assessment prepared by a director or the adoption agency,
(b) the prospective adoptive parents receive a copy of information about the medical and social history of the child's biological family,
(c) the prospective adoptive parents have made reasonable efforts to obtain any consents required under section 13, and
(d) the prospective adoptive parents have made reasonable efforts to give notice of the proposed adoption to
(i) anyone who is named by the birth mother as the child's biological father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the parents' registry in respect of the proposed adoption.
10 (1) A parent may, in accordance with the regulations, register on the parents' registry to receive notice of a proposed adoption.
(2) Notice to a person registered on the parents' registry is properly given if it is sent, in accordance with the regulations, to the address recorded in the registry.
11 (1) On application, the court may dispense with notice of a proposed adoption if it is satisfied
(a) that it is in the child's best interests to do so, or
(b) that the circumstances justify dispensing with the notice.
(2) An application under this section may be joined with an application for an adoption order.
12 (1) Within 14 days after receiving a child in their home for the purposes of adoption, the prospective adoptive parents must notify in writing a director or an adoption agency.
(2) Subsection (1) does not apply if a prospective adoptive parent is a relative of the child.
13 (1) The consent of each of the following is required for a child's adoption:
(a) the child, if 12 years of age or over;
(2) Despite subsection (1) (b), the consent of a biological father who is not presumed to be the child's biological father under section 26 of the Family Law Act is not required unless the biological father
(a) acknowledges that he is the child's father, and
(b) is named by the child's birth mother as the child's father.
(3) If the child is in the continuing custody of a director of child protection, or a director of child protection is the child's personal guardian under section 51 of the Infants Act, the only consents required are
(a) the director of child protection's consent, and
(b) the child's consent, if the child is 12 years of age or over.
(4) If a child who has been adopted is to be adopted again, the consent of a person who became a parent at the time of the previous adoption is required, instead of the consent of a person who ceased to have any parental rights and responsibilities at that time.
(5) If a child has been placed for adoption by an extraprovincial agency and the law of the jurisdiction in which the agency is located is that only the consent of the agency is required for the child's adoption, that consent and any consent required of the child under subsection (1) are the only consents required.
14 A birth mother's consent to the adoption of her child is valid only if the child is at least 10 days old when the consent is given.
15 A person under 19 years of age may give a legally valid consent to the adoption of a child.
16 (1) A consent to the adoption of a child in British Columbia by a person resident in British Columbia must be in the prescribed form and must be supported by the prescribed documents.
(2) When a consent to the adoption of a child in British Columbia is required from a person resident outside British Columbia, the consent is sufficient for the purposes of this Act if it is in a form that meets the requirements for adoption consents in the jurisdiction in which the person is resident.
17 (1) On application, the court may dispense with a consent required under this Part if the court is satisfied that it is in the child's best interests to do so or that
(a) the person whose consent is to be dispensed with is not capable of giving an informed consent,
(b) reasonable but unsuccessful efforts have been made to locate the person whose consent is to be dispensed with,
(c) the person whose consent is to be dispensed with
(i) has abandoned or deserted the child,
(ii) has not made reasonable efforts to meet their parental obligations to the child, or
(iii) is not capable of caring for the child, or
(d) other circumstances justify dispensing with the consent.
(2) Despite subsection (1), the court may dispense with the consent of a child only if the child is not capable of giving an informed consent.
(3) Before making an order under this section, the court may consider any recommendation in a report filed by a director or by an adoption agency.
(4) An application under this section may be made without notice to any other person and may be joined with any other application that may be made under this Act.
18 (1) Before a director or an adoption agency places a child for adoption, a person who consented to the child's adoption may revoke the consent, but only if the revocation
(b) is received by a director or an adoption agency before the child is placed with prospective adoptive parents by the director or the adoption agency responsible for the child.
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child.
(2) As soon as possible after receiving the written revocation, the director or the adoption agency responsible for the child must make reasonable efforts to give notice of the revocation to anyone else who consented to the adoption.
(3) If the person revoking consent had care and custody of the child immediately before giving consent, the child must be returned to that person as soon as possible after the director or the adoption agency responsible for the child receives the written revocation.
19 (1) A birth mother may revoke her consent to adoption within 30 days of the child's birth, even though the child has been placed for adoption during that period, but only if the revocation
(b) is received by a director or an adoption agency before the end of the 30 days.
(1.1) A director or an adoption agency who receives a written revocation referred to in subsection (1) must immediately or as soon as practicable provide the written revocation to the director or the adoption agency responsible for the child.
(2) As soon as possible after receiving the written revocation, the director or the adoption agency responsible for the child must
(a) give notice of the revocation to the prospective adoptive parents, and
(b) make reasonable efforts to give notice of the revocation to anyone else who consented to the adoption.
(3) The child must be returned to the birth mother as soon as possible after the prospective adoptive parents are given notice of the revocation.
20 A child may revoke consent to adoption at any time before the adoption order is made.
21 (1) A consent given under the law of another jurisdiction to the adoption of a child in British Columbia may be revoked in accordance with the law of that jurisdiction.
(2) Subsection (1) does not limit a child's right under section 20 to revoke consent at any time before an adoption order is made.
22 (1) After a child is placed for adoption, a consent to the child's adoption may only be revoked by the court or in accordance with section 19, 20 or 21.
(2) An application to court to revoke a consent to adoption may only be made before an adoption order is granted.
(3) Notice of the court application to revoke a consent to adoption must be served on everyone who consented to the adoption.
(4) On application, the court may revoke the consent if it is satisfied that it would be in the child's best interests to do so.
(5) Failure to comply with an openness agreement is not grounds for the court to revoke a consent to adoption.
Division 3 — Care, Custody and Guardianship
23 A parent who has care and custody of a child may, in writing, transfer care and custody to a director or the administrator of an adoption agency before
(a) the child is placed for adoption by the director or the adoption agency, and
24 (1) When consent to the adoption of a child is given by the parent or other guardian who requested a director or an adoption agency to place the child for adoption, the director or the administrator becomes the sole personal guardian of the child until
(a) an adoption order is made,
(b) the consent is revoked, or
(c) the guardianship of the director or of the administrator, as the case may be, is terminated under section 24.1.
(2) When a director or an administrator becomes the sole personal guardian of a child under subsection (1), the Public Guardian and Trustee becomes the child's sole property guardian until, as set out in subsection (1) (a) to (c), the director or the administrator, as the case may be, ceases to be the sole personal guardian of the child.
24.1 (1) The following may, in respect of a child, apply to terminate the sole personal guardianship of a director or an administrator:
(b) a director, if a director is the sole personal guardian of the child;
(c) the administrator, if the administrator is the sole personal guardian of the child.
(2) If an application is made under subsection (1), the following persons must be served notice of the court application:
(a) each parent of the child affected by the application;
(b) the child, if 12 years of age or older;
(c) the director, if the director is the guardian of the child and is not the applicant;
(d) the administrator, if the administrator is the guardian of the child and is not the applicant;
(e) the Public Guardian and Trustee;
(f) any other person on whom the court considers it appropriate to serve notice.
(3) The court may grant an exemption from a requirement to serve notice under subsection (2) (a) and (b) if the court considers it appropriate.
(4) At the conclusion of the hearing, the court must make one of the following orders in the child's best interests:
(a) that the sole personal guardianship of the director or the administrator, as the case may be, is terminated;
(b) that the director or the administrator, as the case may be, remains the sole personal guardian of the child.
25 If a director or an administrator has care and custody of a child under section 23 or is the guardian of a child under section 24, the director or the administrator may place the child with
(b) a prospective adoptive parent who has entered into an agreement under section 77.2 with the director or the administrator.
26 After the conditions in sections 8 (1) and 9 have been met, a parent or other guardian of a child may, in writing, transfer care and custody of the child to a prospective adoptive parent.
"health care" means anything that is done for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health related purpose, and includes a course of health care;
"health care provider" includes any person licensed, certified or registered in British Columbia or in another province or state to provide health care.
(2) A person having care and custody of a child under this Act may
(a) authorize a health care provider to examine the child, and
(b) consent to necessary health care for the child if, in the opinion of the health care provider, the health care should be provided.
(3) A person having care and custody of a child under this Act may consent to the child's participation in school, social or recreational activities.
(4) Subsection (2) does not affect a child's right under section 17 of the Infants Act to consent to health care.
28 (1) When consent to adoption is given by a parent or other guardian who places a child by direct placement, the prospective adoptive parent named in the consent becomes a joint guardian of the child with the parent or other guardian named in the consent.
(2) The joint guardianship terminates when
(a) the adoption order is made,
(b) the consent to the adoption is revoked in accordance with this Part, or
(c) the court declares that the prospective adoptive parent's status as joint guardian is terminated.
29 (1) One adult alone or 2 adults jointly may apply to the court to adopt a child in accordance with this Act.
(2) One adult may apply to the court to become a parent of a child jointly with another parent.
30 (1) Before applying to court for an adoption order relating to a child who is at least 7 years of age and less than 12, the applicant must arrange for a person authorized by the regulations to meet the child privately so the person can make a written report under subsection (2).
(2) The report must indicate whether the child
(a) understands what adoption means, and
(b) has any views on the proposed adoption and on any proposed change of the child's name.
31 (1) At least 30 days before the date set for hearing an application for an adoption order, the applicant must give written notice of the application as follows:
(a) to a director or an adoption agency, if the child was placed with the applicant by direct placement or was brought into British Columbia for adoption by a person other than a relative of the child;
(b) to any person who, by court order or by an agreement enforceable as an order under the Family Law Act, has contact with the child or access to the child.
(2) The notice to the director or the adoption agency must be accompanied by the material or documents to be filed with the court under section 32.
32 Before an adoption order is made, the following documents must be filed with the court:
(a) all the required consents to the adoption, or the orders dispensing with consent or an application to dispense with consent;
(b) the child's birth registration or, if it cannot be obtained, satisfactory evidence of the facts relating to the child's birth;
(c) if the child is at least 7 years of age and less than 12, a copy of the report of the child's views prepared in accordance with section 30 or a satisfactory explanation of why the report has not been prepared;
(d) the post-placement report, if required under section 33;
33 (1) If a director or an adoption agency is given notice under section 31 or has placed the child for adoption, a director or the agency must file with the court a post-placement report that contains
(a) either a recommendation that the adoption order should or should not be made or a statement that there is insufficient information to make the recommendation, and
(b) the information prescribed in the regulations.
(2) A director or the adoption agency may file with the court
(a) any other evidence or information the director or the agency considers necessary to enable the court to determine whether the proposed adoption is in the child's best interests, and
(b) a recommendation on any issue relating to the adoption, including whether the 6 month residency requirement in section 35 should be altered or dispensed with.
34 The court may require a director to inquire into any matter respecting an application for an adoption order that the court considers to be necessary.
35 (1) After considering the post-placement report and other evidence filed under section 32, 33 or 34, the court may make an adoption order if it is satisfied that
(a) the child has resided with the applicant for at least 6 months immediately before the date of the adoption hearing, and
(b) it is in the child's best interests to be adopted by the applicant.
(2) If the post-placement report was completed more than 3 months before the date of hearing the application, no adoption order may be made until the applicant files with the court a written certificate of a director or the adoption agency confirming or modifying the report.
(3) The court may alter or dispense with the residency requirement after considering any recommendation made by a director or an adoption agency.
36 (1) The applicant for an adoption order may request the court to change the child's given names or family name.
(2) If requested by the applicant, the court may change the child's given names or family name in the adoption order, but only
(a) with the child's consent, if the child is 12 years of age or over, or
(b) after considering the child's views, if the child is at least 7 years of age and less than 12.
(3) A child's consent to a change of name is not required if the court has dispensed with the child's consent to adoption.
(4) The court must not change a child's name under this section if either of the following applies:
(a) the child may not, under section 4.1 of the Name Act, have the child's name changed;
(b) the requirements imposed under section 6.1 of the Name Act with respect to the child have not been met.
37 (1) When an adoption order is made,
(a) the child becomes the child of the adoptive parent,
(b) the adoptive parent becomes the parent of the child, and
(c) the parents cease to have any parental rights or obligations with respect to the child, except a parent who remains under subsection (2) a parent jointly with the adoptive parent.
(2) If the application for the adoption order was made by an adult to become a parent jointly with another parent of the child, then, for all purposes when the adoption order is made,
(a) the adult joins the parent as parent of the child, and
(b) any other parent ceases to have any parental rights or obligations with respect to the child.
(3) If a child is adopted for a second or subsequent time, the adoption order has the same effect on the child, on the new adoptive parent and on the former adoptive parent as it does on the child, on the adoptive parent and on the parents or parent under subsections (1) and (2).
(4) Subsections (1) to (3) do not apply for the purposes of the laws relating to incest and the prohibited degrees of marriage.
(5) The family relationships of one person to another are to be determined in accordance with this section, unless this or another enactment specifically otherwise provides or distinguishes between persons related by birth and persons related by adoption.
(6) An adoption order does not affect an interest in property or a right of the adopted child that vested in the child before the date of the adoption order.
(7) For certainty, in the case of an Indigenous child, an adoption order does not affect any rights of the child as an Indigenous child.
38 (1) When an adoption order is made, any order or agreement for contact with the child or access to the child terminates unless the court orders otherwise under subsection (2).
(2) The court may, in the child's best interests,
(a) order that an order, or an agreement enforceable as an order under the Family Law Act, respecting contact with the child or access to the child does not terminate, and
(b) vary the order or agreement respecting contact with the child or access to the child.
(a) a parent or other guardian requested a director or an adoption agency to place a child for adoption, a director or the adoption agency must, when the adoption order is made, make reasonable efforts to notify the parent or other guardian that the child has been adopted, or
(b) a director of child protection requested a director to place a child for adoption, a director must, as soon as practicable after the adoption order is made, notify the director of child protection and the Public Guardian and Trustee that the child has been adopted.
(2) Subsection (1) (a) does not apply if the parent or other guardian indicated that they wished not to be notified.
40 No adoption order may be set aside except
(a) as a result of an appeal to the Court of Appeal within the time allowed under the Court of Appeal Act, or
(b) as a result of fraud, but only if the Supreme Court of British Columbia considers it to be in the child's best interests to set the order aside.
41 An application under this Act or another Act for an order relating to a child placed for adoption, or an appeal from that order, may be heard and dealt with in the absence of the public.
42 (1) If the identity of a prospective adoptive parent is not known to a parent or other guardian of a child, the identity of the prospective adoptive parent must not be disclosed in a notice or other court document served on the parent or other guardian in connection with
(a) an application under this or another Act for an order relating to the child, or
(2) If the identity of a parent or other guardian is not known to an adoptive parent, the child may only be identified on an adoption order by the child's birth registration number.
(3) If the identity of a parent or other guardian of a child and the identity of a prospective adoptive parent or adoptive parent are not known to each other, a court may order that their identities or any information that could reveal their identities not be broadcast or disclosed in any way in any document.
(4) Subsection (3) applies to any court hearing an application under this or another Act for an order relating to a child placed for adoption or hearing an appeal from such an order.
43 An application for an order under this Act or any document filed in court in connection with the application may be searched only
44 (1) One adult alone or 2 adults jointly may apply to the court to adopt another adult.
(2) The court may make the adoption order without the consent of anyone, except the person to be adopted, as long as the court
(a) is satisfied that that person, as a child, lived with the applicant as a member of the family and was maintained by the applicant until the person became self supporting or became an adult, and
(b) considers the reason for the adoption to be acceptable.
(3) An adoption order made with respect to an adult has the same effect as an adoption order made with respect to a child.
45 (1) After an adoption order is made, the registrar of the court must send a copy of the order
(a) to the registrar general, and
(b) if a director or an adoption agency filed a post-placement report, to the director or the agency.
(2) The registrar of the court must provide to the registrar general any information relating to an adoption order that is required under the Vital Statistics Act.
46 (1) On application, the court may recognize that an adoption of a person effected by the custom of a First Nation or Indigenous community has the effect of an adoption under this Act.
(2) For certainty, in the case of an Indigenous person, an adoption recognized under subsection (1) does not affect any rights of the person as an Indigenous person.
47 An adoption that has, under the law of another province or of a jurisdiction outside Canada, substantially the same effect in that other jurisdiction as an adoption under this Act has the same effect in British Columbia as an adoption under this Act.
Part 4 — Interprovincial and Intercountry Adoptions
Division 1 — Interprovincial Adoptions and Intercountry Adoptions Outside the Scope of the Hague Convention
48 (1) Before a child who is not a resident of British Columbia is brought into the Province for adoption, the prospective adoptive parents must obtain the approval of a director or an adoption agency.
(2) The director or the adoption agency must grant approval if
(a) the parent or other guardian placing the child for adoption has been provided with information about adoption and the alternatives to adoption,
(b) the prospective adoptive parents have been provided with information about the medical and social history of the child's biological family,
(c) a homestudy of the prospective adoptive parents has been completed in accordance with the regulations and the prospective adoptive parents have been approved on the basis of the homestudy, and
(d) the consents have been obtained as required in the jurisdiction in which the child is resident.
(3) The director or the adoption agency must preserve for the child any information obtained about the medical and social history of the child's biological family.
49 Section 48 does not apply to a child who
(a) is brought into British Columbia for adoption by a relative of the child or by a person who will become an adoptive parent jointly with the child's parent, or
Division 2 — Hague Convention on Intercountry Adoptions
50 Words and expressions used in this Division have the same meaning as the corresponding words and expressions in the Convention.
51 (1) The provisions of the Convention have the force of law in British Columbia as soon as the Convention comes into force in British Columbia.
(2) Subject to subsection (3) and the regulations, the law of British Columbia applies to an adoption to which the Convention applies.
(3) If the law of British Columbia conflicts with the Convention, the Convention prevails.
52 The Provincial director is the Central Authority for British Columbia for the purposes of the Convention.
53 If authorized by the Provincial director, a body accredited in a contracting state may act in British Columbia.
54 The Provincial director may authorize a body accredited in British Columbia to act in a contracting state.
55 (1) On application by a person resident in British Columbia, the court may make an order converting an adoption referred to in Article 27 of the Convention to have the effect of an adoption under this Act.
(2) An application for an order under this section must be accompanied by proof that the consents required under Article 27 of the Convention have been given.
56 Subject to the regulations, the Provincial director may disclose to an adult who, as a child, was adopted in accordance with the Convention any information in the Provincial director's records concerning the adult's origin.
57 The Provincial director must publish in Part II of the Gazette a copy of the Convention and the date on which the Convention comes into force in British Columbia.
Part 5 — Openness and Disclosure
58 In this Part:
"adoptive parent" means a person who adopted a child under this Act or any predecessor to this Act;
"original birth registration" means
(a) a registration maintained under section 13 (a) of the Vital Statistics Act, or
(b) a registration showing the name of the parent and containing a notation of the adoption and any change of name consequent to the adoption;
"record" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
59 (1) For the purpose of facilitating communication or maintaining relationships, an openness agreement may be made by a prospective adoptive parent or an adoptive parent of the child and any of the following:
(b) any other person who has established a relationship with the child;
(c) a prospective adoptive parent or an adoptive parent of a sibling of the child.
(2) If a parent or other guardian placed, or requested a director or an adoption agency to place, a child for adoption, an openness agreement may be made only after consent to the adoption is given by the parent or other guardian.
(3) If the child is of sufficient maturity, the child's views must be considered before the agreement is made.
60 (1) Any of the following may, in accordance with the regulations, register with the Provincial director to indicate their interest in making openness agreements:
(a) an adoptive parent of a child under 19 years of age;
(b) a relative of an adopted child under 19 years of age.
(2) If an adoptive parent of a child under 19 years of age and a relative of the child have both registered under this section, the Provincial director
(a) may assist them in reaching an openness agreement and may facilitate the exchange of non-identifying information, and
(b) must, if they wish to exchange identifying information, disclose to each the identifying information provided by the other.
(3) Subsection (2) applies also if an adoptive parent of a child under 19 years of age and an adoptive parent of a sibling of that child have registered under this section.
61 A director may disclose identifying information to a person if the disclosure is necessary
(a) for the safety, health or well-being of a child, or
(b) for the purpose of allowing a child to receive a benefit.
62 (1) If Indigenous community information was not provided to an Indigenous child or a prospective adoptive parent under section 6 or 8, a director or an adoption agency must, after the adoption of the child, make all reasonable efforts to disclose, if in the child's best interests, the applicable Indigenous community information to the following:
(a) the child, if sufficiently mature;
(2) A director may, in a child's best interests and with the written consent of the child's adoptive parents, disclose identifying information so that an Indigenous child can be contacted by the following:
(a) if the child is registered or entitled to be registered as a member of a First Nation, by a designated representative of the First Nation;
(a.1) if the child is a Nisg̱a'a child, by a designated representative of the Nisg̱a'a Lisims Government;
(a.2) if the child is a Treaty First Nation child, by a designated representative of the Treaty First Nation;
(b) if the child is not a First Nation child, a Nisg̱a'a child nor a Treaty First Nation child, by a designated representative of an Indigenous community that has been identified
(i) by the child, if 12 years of age or over, or
(ii) by a pre-adoption parent of the child, if the child is under 12 years of age.
(3) In exercising the director's power under subsection (2), the director may dispense with any consent required by this section if the adoption has broken down or it is not practical to obtain consent.
63 (1) An adopted person 19 years of age or over may apply to the registrar general for a copy of the following:
(a) the adopted person's original birth registration;
(c) if the adoption occurred under a law of a Treaty First Nation and a notice has been provided by the Treaty First Nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice;
(d) if the adoption occurred under a law of the Nisg̱a'a Nation and a notice has been provided by the Nisg̱a'a Lisims Government under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
(2) When an applicant complies with section 67, the registrar general must give the applicant a copy of the requested records unless
(a) a disclosure veto has been filed under section 65, or
(b) a no-contact declaration has been filed under section 66 and the applicant has not signed the undertaking referred to in that section.
64 (1) If an adopted person is 19 years of age or over, a pre-adoption parent named on the adopted person's original birth registration may apply to the registrar general for a copy of one or more of the following:
(a) the original birth registration with a notation of the adoption and any change of name consequent to the adoption;
(b) the birth registration that under section 12 of the Vital Statistics Act was substituted for the adopted person's original birth registration;
(d) if the adoption occurred under a law of a Treaty First Nation and a notice has been provided by the Treaty First Nation under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice;
(e) if the adoption occurred under a law of the Nisg̱a'a Nation and a notice has been provided by the Nisg̱a'a Lisims Government under section 12.1 of the Vital Statistics Act in respect of that adoption, that notice.
(2) When an applicant complies with section 67, the registrar general must give the applicant a copy of the requested records unless
(a) a disclosure veto has been filed under section 65, or
(b) a no-contact declaration has been filed under section 66 and the applicant has not signed the undertaking referred to in that section.
(3) Before giving the applicant a copy of the requested record, the registrar general must delete the adoptive parents' identifying information.
65 (1) Either of the following may apply to the registrar general to file a written veto prohibiting the disclosure of a birth registration or other record under section 63 or 64:
(a) an adopted person who is 18 years of age or over and was adopted under any predecessor to this Act;
(b) a pre-adoption parent named on the original birth registration of an adopted person referred to in paragraph (a).
(2) When an applicant complies with section 67 (a), the registrar general must file the disclosure veto.
(3) A person who files a disclosure veto may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to disclose any identifying information;
(b) in the case of a pre-adoption parent, a brief summary of any available information about the medical and social history of the pre-adoption parents and their families;
(c) any other relevant non-identifying information.
(4) When a person applying for a copy of a record is informed that a disclosure veto has been filed, the registrar general must give the person the non-identifying information in any written statement filed with the disclosure veto.
(5) A person who files a disclosure veto may cancel the veto at any time by notifying, in writing, the registrar general.
(6) Unless cancelled under subsection (5), a disclosure veto continues in effect until 2 years after the death of the person who filed the veto.
(7) While a disclosure veto is in effect, the registrar general must not disclose any information that is in a record applied for under section 63 or 64 and that relates to the person who filed the veto.
66 (1) A pre-adoption parent who is named in an original birth registration and who wishes not to be contacted by the person named as the child in the registration may apply to the registrar general to file a written no-contact declaration.
(2) An adopted person 18 years of age or over who wishes not to be contacted by a pre-adoption parent named on a birth registration may apply to the registrar general to file a written no-contact declaration.
(3) When an applicant under subsection (1) or (2) complies with section 67 (a), the registrar general must file the no-contact declaration.
(4) The registrar general must not give a person to whom a no-contact declaration relates a copy of a birth registration or other record naming the person who filed the declaration unless the person applying has signed an undertaking in the prescribed form.
(5) A person who is named in a no-contact declaration and has signed an undertaking under subsection (4) must not
(a) knowingly contact or attempt to contact the person who filed the declaration,
(b) procure another person to contact the person who filed the declaration,
(c) use information obtained under this Act to intimidate or harass the person who filed the declaration, or
(d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the declaration.
(6) A person who files a no-contact declaration may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to be contacted;
(b) in the case of a pre-adoption parent, a brief summary of any available information about the medical and social history of the pre-adoption parents and their families;
(c) any other relevant non-identifying information.
(7) When a person to whom a no-contact declaration relates is given a copy of a birth registration under section 63 or 64, the registrar general must give the person applying the information in any written statement filed with the declaration.
(8) A person who files a no-contact declaration may cancel the declaration at any time by notifying, in writing, the registrar general.
67 A person who applies to the registrar general under this Part must
(a) supply any proof of identity required by the registrar general, and
(b) if the application is for a copy of a record, pay the fee required under the Vital Statistics Act.
68 In compelling circumstances affecting anyone's health or safety, a director may contact any of the following to share with or obtain from them any necessary information:
(b) if the pre-adoption parent is not available, a relative of the pre-adoption parent;
69 (1) Any of the following may, in accordance with the regulations, register with the Provincial director to exchange identifying information:
(a) an adopted person 19 years of age or over;
(b) an adult relative of an adopted person 19 years of age or over.
(2) If an adopted person 19 years of age or over and a relative of the adopted person have both registered under this section, the Provincial director must notify each of them and disclose the identifying information provided by the other.
70 (1) A director has the right to any information that
(a) is in the custody or control of a public body as defined in the Freedom of Information and Protection of Privacy Act, and
(i) to enable a director or an adoption agency to locate a person for the purposes of this Act,
(ii) for the health or safety of an adopted person, or
(iii) for the purpose of section 70.2 of this Act.
(2) A public body that has custody or control of information to which a director is entitled under subsection (1) must disclose that information to the director on request.
(3) This section applies despite the Freedom of Information and Protection of Privacy Act or any other enactment.
(4) If requested by a director, a director of child protection must disclose to the director any information that
(a) is obtained under the Child, Family and Community Services Act, and
(i) to enable the director or an adoption agency to exercise the powers or perform the duties or functions given to them under Parts 2, 3 and 4 and sections 61 and 62 of this Act, or
70.1 A director may collect from a person any information that is necessary to enable the director to exercise powers or perform duties or functions under this Act.
70.2 (1) Subject to subsection (2), a director may disclose the following information to the registrar under the Indian Act (Canada) for the purpose of determining whether to register an adopted person under section 5 of that Act:
(a) identifying or other information about
(ii) the relatives of the adopted person;
(b) any other identifying or other information that the director considers might be relevant to the determination.
(2) The director may disclose information under subsection (1) only if the director is satisfied that the information
(a) will be used and disclosed by the registrar only for the purpose of the determination referred to in that subsection, and
(i) the adopted person or a relative of the adopted person, or
(ii) another person, other than for the purpose of that determination.
71 (1) An adult who has obtained a record under section 63 or 64 or who was adopted under a law of a Treaty First Nation or the Nisg̱a'a Nation may apply to the Provincial director for assistance in locating any of the following:
(a) if the applicant is an adopted person,
(i) a pre-adoption parent of the applicant,
(ii) an adult adopted sibling of the applicant, or
(iii) if a pre-adoption parent of the applicant is dead, an adult birth sibling of the applicant;
(b) if the applicant is a pre-adoption parent, an adult adopted child of the applicant.
(2) A pre-adoption parent who signed a consent to the adoption of a child may apply to the Provincial director for assistance in locating the child, if the child is 19 years of age or over.
(3) After the death of an adult who, as a child, was adopted under this Act, any predecessor to this Act or a law of a Treaty First Nation or the Nisg̱a'a Nation, any of the following may apply to the Provincial director:
(a) an adult child or adult grandchild of the deceased;
(b) if a child of the deceased is under 19 years of age, the child's surviving parent or guardian.
(4) An applicant under subsection (3) must provide a copy of the deceased's death certificate and may apply for assistance in locating
(a) a pre-adoption parent of the deceased,
(b) an adult adopted sibling of the deceased, or
(c) if the deceased's pre-adoption parent is dead, an adult birth sibling of the deceased.
(5) After the death of a pre-adoption parent whose child, who is an adult, was adopted under this Act, any predecessor to this Act or a law of a Treaty First Nation or the Nisg̱a'a Nation, another adult child of the deceased may apply to the Provincial director for assistance in locating the applicant's adopted birth sibling.
(6) An applicant under subsection (5) must provide a copy of the deceased's death certificate.
(7) No one is entitled to assistance under this section in locating a person who has filed a disclosure veto or a no-contact declaration.
(8) Subject to the regulations, the Provincial director may provide the assistance requested by an applicant under subsections (1) to (6).
(9) If a person located by the Provincial director wishes not to be contacted by an applicant, the Provincial director must not disclose any information identifying the name or location of the person.
(10) If a person located by the Provincial director wishes to be contacted by an applicant, the Provincial director may assist them to meet or to communicate.
(11) The Provincial director must inform an applicant if the person whom the applicant requested assistance in locating wishes not to be contacted, is dead or cannot be located.
72 (1) A director may disclose to an adoption agency any information in the records of the director, including information obtained by a director under section 70, if the disclosure is necessary to enable the agency to perform the duties or to exercise the powers and functions given to the agency under this Act.
(2) An adoption agency must not use or disclose information provided under subsection (1) except for the purpose for which it was provided.
73 Information in the parents' registry and information provided to a director under sections 60, 69, 70 (2) and 71 must not be used or disclosed for any purpose except the purpose for which it was provided.
74 (1) Subject to subsection (2), sections 72 (2) and 73 apply despite any provision of the Freedom of Information and Protection of Privacy Act.
(2) Section 44 (1) (b), (2), (2.1) and (3) of the Freedom of Information and Protection of Privacy Act applies to this Act.
Part 6 — Administrative and Legal Issues
Division 1 — Agreements Respecting the Declaration on the Rights of Indigenous Peoples Act
74.1 In this Division:
"decision-making agreement" means an agreement negotiated and entered into under section 7 of the Declaration on the Rights of Indigenous Peoples Act relating to statutory powers of decision under this Act;
"director's duty" means a duty, responsibility or function given by law to a director other than a statutory power of decision under this Act;
"director's power" means a power or right given by law to a director other than a statutory power of decision under this Act;
"power or duty agreement" means an agreement entered into under section 6 of the Declaration on the Rights of Indigenous Peoples Act relating to one or both of the following:
(a) the exercise of a director's power, or the performance of a director's duty, jointly by an Indigenous governing body and a director;
(b) the consent of an Indigenous governing body before the exercise of a director's power or the performance of a director's duty;
"statutory power of decision" has the same meaning as in section 1 of the Judicial Review Procedure Act.
74.2 (1) For the purposes of this Act, the minister, on behalf of the government, may enter into a power or duty agreement with an Indigenous governing body.
(2) The minister must publish a copy of each power or duty agreement and any amendments to each agreement on a publicly accessible website maintained by or on behalf of the government.
(3) A single agreement may contain both a decision-making agreement and a power or duty agreement.
74.3 A decision-making agreement or a power or duty agreement must include conditions on the use, disclosure and security of information that is provided under the agreement to an Indigenous governing body.
74.4 If a decision-making agreement or a power or duty agreement has been entered into,
(a) the statutory power of decision or the director's power or duty, as applicable, must be exercised or performed in accordance with the agreement,
(b) a reference under this Act to that statutory power of decision or that director's power or duty is to be read as a reference to the statutory power of decision or the director's power or duty as exercised or performed in accordance with the agreement, and
(c) the following terms of the agreement have the force of law:
(i) terms identifying the person who is exercising or performing, or providing consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement;
(ii) terms relating to the criteria or procedures for the exercise or performance of, or consent in relation to, a statutory power of decision or a director's power or duty in accordance with an agreement.
Division 2 — Other Administrative and Legal Issues
75 (1) Subject to an agreement under section 77.1, a director, in writing, may transfer care and custody of a child or guardianship of a child
with the consent of the administrator or the receiving director, as the case may be.
(2) Subject to an agreement under section 77.1, an administrator may, in writing, transfer care and custody of a child or guardianship of a child
with the consent of the director or the receiving administrator, as the case may be.
76 For the purposes of this Act, the minister may make an agreement with any of the following:
(a.1) the Nisg̱a'a Nation or a Nisg̱a'a Village;
(a.3) a legal entity representing an Indigenous community;
(a.4) any Indigenous governing body not described in paragraphs (a), (a.1), (a.2) or (a.3);
(b) the government of Canada, the government of a province of Canada or the government of a jurisdiction outside Canada, or an official or agency of those governments;
(c) Community Living British Columbia established under the Community Living Authority Act;
76.1 (1) The minister may designate
(a) one or more persons as a director of adoption for the purposes of this Act, and
(b) a person as the Provincial director
(i) to exercise the powers and perform the duties and functions of the Provincial director that are specifically set out in this Act, and
(ii) to exercise any of the powers of a director designated under paragraph (a).
(2) A designation under subsection (1) must be in writing and may include any terms or conditions the minister considers advisable.
(3) A director and the Provincial director have jurisdiction throughout British Columbia in the exercise of the powers and in the performance of the duties and functions conferred on them under this Act.
77 (1) Subject to subsections (2) and (3) and the regulations, a director may delegate to any person or class of person any of the director's powers, duties or functions under this Act.
(2) The delegation of the powers, duties or functions of the director must be in writing and may include any terms or conditions the director considers advisable.
(3) A delegation of the Provincial director's functions as the Central Authority for the purpose of the Convention must be in accordance with the Convention.
77.2 A director or an administrator may, by agreement, authorize a caregiver or a prospective adoptive parent to carry out any of the rights and responsibilities of the director or the administrator, as the case may be, with respect to the care, custody or guardianship of a child placed with the caregiver or the prospective adoptive parent.
78 (1) A person authorized by the Provincial director may, during regular business hours, do one or more of the following:
(a) enter any premises of an adoption agency and inspect the records and interview its staff to determine if the agency is complying with this Act, the regulations and any conditions of its licence;
(b) request records to be produced for inspection;
(c) on giving a receipt for it, remove any record from the premises to make copies.
(2) A person who removes a record must return it within a reasonable time of its removal to the premises from which it was removed.
79 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against a person because of anything done or omitted
(a) in the exercise or intended exercise of a power under this Act, or
(b) in the performance or intended performance of a duty under this Act.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted in bad faith.
(3) Subsection (1) does not absolve the government or an Indigenous governing body from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the government or Indigenous governing body would be vicariously liable if this section were not in force.
80 Subject to the regulations, a director may
(a) provide financial assistance or other assistance to a person who
(i) proposes to adopt or who adopts a child placed for adoption by a director, or
(ii) is a guardian, under the Family Law Act, of a child who was adopted under this Act, and
Part 7 — Offences and Penalties
82 (1) A person must not place or arrange the placement of a child for the purposes of adoption unless the person is authorized by section 4 to do so.
(2) A person must not receive a child in their home for the purposes of adoption unless the child has been placed by a person authorized by section 4 to do so.
(3) A person must not receive a child placed in their home by direct placement unless the person has complied with section 8 (1) and is authorized under section 9 to receive the child.
(4) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
83 A person who contravenes section 48 (1) commits an offence and is liable to a fine of up to $5 000.
84 (1) A person must not give, receive or agree to give or receive any payment or reward, whether directly or indirectly,
(a) to procure or assist in procuring a child for the purposes of adoption in or outside British Columbia, or
(b) to place or arrange the placement of a child for the purposes of adoption in or outside British Columbia.
(2) Subsection (1) does not apply to any of the following:
(a) a birth mother receiving from a prospective adoptive parent expenses that do not exceed those allowed under the regulations;
(b) a lawyer receiving reasonable fees and expenses for legal services provided in connection with an adoption;
(c) a health care provider receiving reasonable fees and expenses for medical services provided to a child who is the subject of an adoption or to the birth mother in connection with the pregnancy or birth;
(d) an adoption agency receiving fees and expenses that do not exceed those allowed under the regulations;
(e) any other persons prescribed by regulation.
(3) A person who contravenes this section commits an offence and is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.
85 (1) A person must not publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a child.
(2) Subsection (1) does not apply to any of the following:
(a) the publication of a notice under a court order;
(b) the publication of a notice authorized by a director;
(c) an advertisement by an adoption agency advertising its services only, without referring to specific children;
(d) an announcement of an adoption placement or an adoption;
(e) other forms of advertisement specified by regulation.
(3) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
86 (1) A person must not make a statement that the person knows to be false or misleading in an application or in connection with an application
(a) to register on the parents' registry under section 10 or to register under section 60 or 69,
(b) for a copy of a birth registration or other record under section 63 or 64, or
(c) to file a disclosure veto under section 65 or a no-contact declaration under section 66.
(2) A person who contravenes this section commits an offence and is liable to a fine of up to $5 000.
87 A person who contravenes section 66 (5) commits an offence and is liable to a fine of up to $10 000 or to imprisonment for up to 6 months, or to both.
88 A person who contravenes section 42 (1), 72 (2) or 73 commits an offence and is liable to a fine of up to $5 000.
90 No proceeding for an offence under this Act may be commenced more than 2 years after the facts on which the proceeding is based first came to a director's knowledge.
91 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting when a person is or is not to be considered a resident of British Columbia for the purposes of this Act;
(a.1) defining, for the purposes of this Act and the regulations, words or expressions used but not defined in this Act;
(b) designating representatives of the Nisg̱a'a Lisims Government, Treaty First Nations, First Nations and Indigenous communities;
(c) respecting how notice is to be given under section 8 (1);
(d) respecting the efforts to be made by a director or an adoption agency to notify parents or other guardians about whether their children have been placed for adoption;
(e) respecting adoption consents and the witnessing of consents;
(f) respecting homestudies, pre-placement assessments and post-placement reports;
(g) respecting the persons who are authorized to meet with a child for the purposes of making a report under section 30 (2);
(h) prescribing additional information to be filed with the court under section 32;
(i) limiting or varying the application of the law of British Columbia to an adoption in British Columbia to which the Convention applies;
(j) designating the competent authorities for any provision of the Convention;
(k) respecting the disclosure of information concerning the origin of a person adopted in accordance with the Convention;
(l) specifying how, by whom and the circumstances under which disclosure vetoes and no-contact declarations may be filed on behalf of persons who are incapable of filing them for themselves;
(m) governing the disclosure of information by the Provincial director under section 71;
(n) authorizing a director to enter into any form of agreement for the purposes of this Act and prescribing some or all of the contents of those agreements;
(o) governing the review of decisions made by a director or an adoption agency;
(p) respecting any condition on a director delegating any power, duty or function under this Act;
(q) respecting eligibility for financial assistance or other assistance under section 80, the forms of assistance and the terms to be included in assistance agreements;
(r) allowing prospective adoptive parents to pay expenses of parents and specifying the types of expenses and limiting the amounts of those expenses;
(s) specifying other persons who are exempt from section 84 (1) [prohibiting payment for an adoption] or specifying any circumstances under which a person is exempt from section 84 (1);
(t) respecting other forms of advertising that are exempt from section 85 [prohibiting certain advertising];
(u) governing the payment of fees for applications, licences, registrations or other things done under this Act;
(v) prescribing forms, documents and reports for the purposes of this Act;
(w) respecting any matters necessary for more effectively bringing into operation the provisions of this Act and for obviating any transitional difficulties encountered in doing so.
(3) In making a regulation under this Act, the Lieutenant Governor in Council may provide differently for different categories of adoptions or different classes of persons.
92 (1) The Lieutenant Governor in Council may make regulations as follows:
(a) respecting the licensing of societies as adoption agencies;
(b) specifying conditions to be met and maintained by a society to obtain and retain a licence, including conditions relating to the content of its constitution and bylaws, the composition of its board of directors, the qualifications of directors and officers and the election or appointment of directors;
(c) respecting the suspension and cancellation of licences of adoption agencies;
(d) respecting the standards to be met by adoption agencies;
(e) respecting the information, documents and reports adoption agencies are required to submit to the Provincial director, the frequency of the submissions and the inspection of the information, documents and reports by the Provincial director or other person designated by the regulations;
(f) respecting the contents of advertisements and other promotional material that may be used by adoption agencies;
(g) respecting the surrender of records, accounts or other documents and information by adoption agencies to the Provincial director;
(h) setting the fees or other expenses adoption agencies may charge for services and prohibiting adoption agencies from charging fees or expenses for specified services;
(i) respecting any other matter necessary for the proper operation, management, administration and accountability of adoption agencies.
(2) If a regulation made under subsection (1) (b) conflicts with a provision of the Societies Act, the regulation prevails.
93 The Lieutenant Governor in Council may make regulations as follows:
(a) respecting how a person may apply to register under sections 10, 60 and 69, the information to be provided to the applicant and the information and proof of identity to be provided by the applicant;
(b) respecting how notices are to be given to anyone registered under this Act and specifying when a registration under section 10, 60 or 69 is to take effect;
(c) respecting how long a registration remains in force and respecting its cancellation or removal;
(d) respecting who may access information provided by a person who has registered under this Act and respecting confidentiality, security, disposal and disclosure of the information;
(e) respecting the administration, management and operation of the parents' registry.
Part 9 — Transitional and Other Provisions
94 Subject to the provisions of this Part and to any regulations made under section 91 (2) (w), sections 35 and 36 (1) of the Interpretation Act apply to all matters affected by the repeal of the former Adoption Act and its replacement by this Act.
95 (1) If, before the repeal of the former Adoption Act, a child was placed for adoption by the director or a parent or other guardian of the child with a prospective adoptive parent, that Act continues to apply to all matters relating to the adoption of the child by that prospective adoptive parent.
(2) If, before the repeal of the former Adoption Act, a parent or other guardian of a child consented to the child's adoption and the child is placed for adoption by the director or that parent or guardian with a prospective adoptive parent after the repeal of that Act, that Act continues to apply to all matters relating to the adoption of the child by that prospective adoptive parent.
(3) If, before the repeal of the former Adoption Act, an application was filed under section 3 (2) of that Act or an application was made to adopt a child related by blood to the applicant or to adopt an adult, that Act continues to apply to all matters relating to that adoption.
96 (1) Any consents given before the repeal of the former Adoption Act that were valid for the purposes of that Act are valid for the purposes of this Act.
(2) Any order dispensing with an adoption consent that was made before the repeal of the former Adoption Act is valid for the purposes of this Act.
(3) Section 19 of this Act does not apply to a consent given by a birth mother under the former Adoption Act before the repeal of that Act.
97 A homestudy completed before the repeal of the former Act is valid for the purposes of this Act if
(a) it was completed by the director, or
(b) it was completed by a person approved by the board of the British Columbia College of Social Workers to do homestudies and it meets the standards of practice set by that board.
98 A report prepared by the director under section 6 of the former Adoption Act before the repeal of that Act is considered for the purposes of this Act to be a post-placement report.
99 If, before the repeal of the former Adoption Act, a person named on a birth registration indicated under section 13.3 of that Act that the person wished not to be contacted or a person filed a veto under section 13.4 (1) of that Act, that indication or veto has the same effect as a disclosure veto filed under section 65 of this Act.
100 (1) A person who applied to the director under section 13.2 of the former Adoption Act is deemed to have registered under section 69 of this Act.
(2) Identification particulars and other information provided to the director under section 13.2 of the former Adoption Act are deemed to have been provided under section 69 of this Act.
101 (1) This section applies if, before the date this section comes into force, a director or a director of child protection placed a child with a person for the purposes of adoption when
(a) the child was in the continuing custody of a director of child protection, or
(b) a director of child protection was the child's personal guardian under section 51 of the Infants Act.
(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, if a director or a director of child protection placed a child with a person for the purposes of adoption in the circumstances set out in subsection (1),
(a) the director or the director of child protection is conclusively deemed
(i) to have been authorized to place the child for adoption under section 4, as that section read on the date the child was placed for adoption, and
(ii) not to have contravened section 82 (1),
(b) the person with whom the child was placed is conclusively deemed not to have contravened section 82 (2), and
(c) the director is conclusively deemed to have been authorized
(i) under section 80 (a) to provide financial assistance or other assistance to the person with whom the child was placed, and
(ii) under section 80 (b) to review, alter or terminate any assistance provided to that person,
as section 80 (a) or (b), as applicable, read on the date the assistance was provided, reviewed, altered or terminated.
(3) A person has no right of action and must not commence or maintain proceedings for a remedy set out in subsection (4) for any of the following reasons:
(a) the placement of a child by a director or a director of child protection for the purposes of adoption, but for subsection (2) (a) of this section,
(i) would not have been authorized under section 4, as that section read on the date the child was placed for adoption, and
(ii) would have contravened section 82 (1);
(b) the receipt of a child by a person for the purposes of adoption, but for subsection (2) (b) of this section, would have contravened section 82 (2);
(c) the provision of any financial assistance or other assistance by a director to a person with whom a child was placed for the purposes of adoption, but for subsection (2) (c) (i) of this section, would not have been authorized under section 80 (a);
(d) the review, alteration or termination by a director of any assistance described in paragraph (c) of this subsection, but for subsection (2) (c) (ii) of this section, would not have been authorized under section 80 (b).
(4) For the purposes of subsection (3), a person has no right of action and must not commence or maintain proceedings
(a) to claim damages or compensation of any kind from the government or any person,
(b) to obtain a declaration that damages or compensation is payable by the government or any person, or
(c) for any other remedy against the government or any person.
(5) The adoption of a child by a person with whom the child was placed, for the purposes of adoption and in the circumstances set out in subsection (1), by a director or a director of child protection is not invalid by reason that, but for this section, the placement of the child for adoption
(a) would not have been authorized under section 4, as that section read on the date the child was placed for adoption, and
(b) would have contravened section 82 (1) and (2).
(6) The provision of any financial assistance or other assistance under section 80 (a) or the review, alteration or termination of any assistance under section 80 (b) is not invalid by reason that, but for this section, the provision, review, alteration or termination of the assistance would not have been authorized under section 80, as that section read on the date the assistance was provided, reviewed, altered or terminated.
(7) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
102 (1) This section applies if, before the date this section comes into force, a director, an adoption agency, a director of child protection or a parent or other guardian of a child placed the child for the purposes of adoption with a person who, at the time of the placement, was not a resident of British Columbia.
(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, if a director, an adoption agency, a director of child protection or a parent or other guardian of a child placed the child for the purposes of adoption in the circumstances described in subsection (1) of this section, the person who placed the child is conclusively deemed not to have contravened section 5 (2).
(3) A person has no right of action and must not commence or maintain proceedings for a remedy set out in subsection (4) of this section for the reason that the placement of a child in the circumstances described in subsection (1) of this section, but for subsection (2) of this section, would have contravened section 5 (2).
(4) For the purposes of subsection (3), a person has no right of action and must not commence or maintain proceedings
(a) to claim damages or compensation of any kind from the government or any person,
(b) to obtain a declaration that damages or compensation is payable by the government or any person, or
(c) for any other remedy against the government or any person.
(5) The adoption of a child by a person with whom the child was placed for the purposes of adoption and in the circumstances set out in subsection (1) of this section is not invalid by reason that, but for this section, the placement would have contravened section 5 (2).
(6) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
103 (1) This section applies if, on or after January 16, 2006 and before this section comes into force, a director used or disclosed, in contravention of section 73, information provided to a director under section 70 (4) or 70.1.
(2) Despite any decision of a court to the contrary made before or after the coming into force of this section, if a director used or disclosed information in the circumstances set out in subsection (1), and the use or disclosure of the information contravened neither section 73 of this Act with respect to sections 60, 69, 70 and 71 of this Act nor the Freedom of Information and Protection of Privacy Act,
(a) the use or disclosure is conclusively deemed not to have contravened section 73, and
(b) the director is conclusively deemed not to have contravened section 73.
(3) A person has no right of action and must not commence or maintain proceedings for a remedy set out in subsection (4) of this section by reason that the use or disclosure, by a director, of information in the circumstances set out in subsection (1) of this section, but for subsection (2) of this section, would have contravened section 73.
(4) For the purposes of subsection (3), a person has no right of action and must not commence or maintain proceedings
(a) to claim damages or compensation of any kind from the government or any person,
(b) to obtain a declaration that damages or compensation is payable by the government or any person, or
(c) for any other remedy against the government or any person.
(5) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.
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