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Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.

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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.

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Opinion on Common-Law Relationships of A.C. Hamilton
Final Report

I. Adoption


Introduction

Like the Terms of Reference, the Adoption Act of Manitoba emphasizes the needs of children.

Section 2 of the Act states:

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 interest.

Section 3 expands upon that principle:

All relevant factors shall be considered in determining the child's best interests, including

(b) the child's opportunity to have a parent-child relationship as a wanted and needed member of a family;

(e) the child's sense of continuity and need for permanency with the least possible disruption;

The Adoption Act deals with a number of different kinds of adoptions under numbered Divisions. Division 1 deals with permanent-ward adoptions, where a Child and Family Services Agency (CFS) has already placed a child with foster parents pursuant to its authority under an Order of Guardianship. This is often referred to as a "closed adoption" or the "traditional" method where CFS selects and recommends an individual or couple to adopt a specific child. The birth parents are not told who the adopting individual or couple is.

Division 2 applies to private adoptions and Division 3 applies to the adoption of children in a foreign jurisdiction where they are brought to Canada through an immigration process. Division 4 relates to de facto adoptions. It permits the adoption by guardians of a child who has lived with them for at least two years. Extended family adoptions are dealt with in Division 5 and apply to the adoption of a child who is related to the applicant. Parents own Adoptions in Division 6 applies to someone who has married or has entered into a committed relationship with the parent of a child and Division 7 applies to the adoption of one adult by another.

It is difficult to follow the provisions of the Act as it is first necessary to properly identify the category that applies to a particular case and then to see what requirements and limitations apply.



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Opinion on Common-Law Relationships of
Hon. A.C Hamilton, Q.C. - Final Report

Part I) Adoption - Introduction
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Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.