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III. AdoptionThe Terms of Reference require that the following two questions be addressed in relation to the adoption issue:
With respect to the first question, section A describes in detail the current provisions of Manitoba's Adoption Act as it applies to adoption applications by same-sex common-law couples. Section B provides more information on adoption in Manitoba as gathered through our process of submissions and consultations. Section C analyzes the provisions in the Adoption Act relating to same-sex adoption in relation to the Charter, and answers the question as to whether they would be likely to survive a Charter challenge. With respect to the second question, section D reviews the legislative approaches in other Canadian jurisdictions and section E contains my analysis of which legislative approaches I believe would comply with the Charter and which would be recommended. A summary of my recommendations pertaining to adoption are set out in the recommendations section F.
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