Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the Adoption Act

Current Act: should read Proposed Act:
Definitions

1 In this Act

"extended family" includes, in addition to the persons in the definition of "family", aunts, uncles and cousins of a birth parent, a spouse of any of those persons, and any unmarried adult who is cohabiting in a relationship of some permanence with any of those persons of the opposite sex who is an unmarried adult;

  Definitions

1 In this Act

"extended family" includes, in addition to the persons in the definition of "family", aunts, uncles and cousins of a birth parent, and a spouse or common-law partner of any of those persons, and any unmarried adult who is cohabiting in a relationship of some permanence with any of those persons of the opposite sex who is an unmarried adult;

"common-law partner" of a person means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship;

Application for placement

36 Where

(a)a husband and wife;

(b)a man and a woman who are not married but are cohabiting as spouses; or

(c)a single adult;

desire to have a child who is a permanent ward placed in their home with a view to adopting that child, they may make an application to the child and family services agency having jurisdiction in the areas where they reside for that purpose.

  Application for placement

36 Where

(a) a husband and wife;

(b)a man and a woman who are not married but are cohabiting as spouses common-law partners; or

(c)a single adult;

desire to have a child who is a permanent ward placed in their home with a view to adopting that child, they may make an application to the child and family services agency having jurisdiction in the areas where they reside for that purpose.

Adoption Act

Current Act: should read Proposed Act:
Application

73(1) An application for an order of adoption may be made in the prescribed form

(a)jointly by a husband and wife or by a man and woman who are not married but are cohabiting as spouses, where at the time the application is made

(i)they are jointly caring for and maintaining the child, and

(ii)either applicant has had care and control of the child and has maintained the child for a least two consecutive years; or

(c)by a person who at the time the application is made

(i)is caring for and maintaining the child; and

(ii)has had care and control of the child and has maintained the child for at least two consecutive years.

  Application

73(1) An application for an order of adoption may be made in the prescribed form

(a)jointly by a husband and wife or by a man and woman who are not married but are cohabiting as spouses common-law partners where at the time the application is made

(i)they are jointly caring for and maintaining the child, and

(ii)either applicant has had care and control of the child and has maintained the child for a least two consecutive years; or

(a)by a person who at the time the application is made

(i)is caring for and maintaining the child; and

(ii)has had care and control of the child and has maintained the child for at least two consecutive years.

Adoption Act

Current Act: should read Proposed Act:
Division 6

ADOPTION BY PERSON WHO HAS MARRIED CHILD'S PARENT

  Division 6

ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF PERSON WHO HAS MARRIED CHILD'S PARENT

Application

88 A person who

(a)is married to the parent of a child; or

(b)is cohabiting with the parent of a child and is of the opposite sex to the parent;

may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them.

  Application

88 A person who

(a)is married to the parent of a child; or

(b)is cohabiting with a common-law partner of the parent of a child and is of the opposite sex to the parent;

may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them.

Regulation A3-19/99

Form AA-14

2. We have been living together as though husband and wife continuously since the ____ day of _____, _____ and we are currently living together and intend to continue to live together as though husband and wife on a permanent basis.

  Regulation A3-19/99

Form AA-14

2. We have been living together as though husband and wife common-law partners continuously since the ____ day of _____, _____ and we are currently living together and intend to continue to live together as though husband and wife common-law partners on a permanent basis.




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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Adoption Act
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Review Panel on Common-Law Relationships
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.