1. Download the Documents - LGBTQ Parenting Network - …lgbtqpn.ca/.../2015/10/Second-Parent-Adoption-Self-Hel… · · 2015-10-07Download “Sample Set of Forms ... Child’s

SECOND PARENT ADOPTION SELF-HELP LEGAL GUIDE

Page | 1

These detailed instructions will help you complete the forms to file your own second parent adoption paperwork if your child was conceived with sperm from an unknown or known donor who will not be legally recognized as a parent. The formal legal term is step-parent adoption but second parent adoption is the preferred term in our communities, and it is used here. Second parent adoption is a very common family law procedure for all kinds of families. Many parents hire a lawyer to complete and file the forms on their behalf, while others file the paperwork themselves, and seek legal advice as required. This guide is very detailed and will take your through every step to file your own second parent adoption paperwork. This guide is part of a series on LGBTQ parenting recognition. Before beginning to follow the instructions here, please read our info sheet “Second Parent Adoption in Ontario” to find out what second parent adoption is and how the legal process works.

1. Download the Documents Download all of these documents from our website: http://lgbtqpn.ca/our-work/recognition/ Download the “Second Parent Adoption Worksheet” Download the “Second Parent Adoption Form Kit” Download “Sample Set of Forms” The worksheet template will help you collect the information required. You can then copy and paste from this document to the forms. Partially completed forms are available on our website in a Word document format, to be completed on your computer. A sample set of fully completed forms is available in .PDF so you can see what the completed forms should look like when you are done. The sample forms are optional, but are sueful to check your work.

Second Parent Adoption Self-Help Legal Guide

Instructions

Page | 2

2. Gather Your Supplies To file your own second parent adoption paperwork, you will need the following:

> Your child’s certified statement of live birth (long form birth certificate) > One sheet of red paper > One set of ten numbered tabs from a stationery supply store > Access to computer with Microsoft Word > Access to a printer and plain white paper > Some stationery supplies: paper clips, blue pens, small notes you can stick on and

remove

3. Gather your information The information needed to complete the forms is not difficult. You will need names, dates of birth, and addresses for you, your partner, your child, and your donor. You can gather most of this information before your child is born. You may start completing the forms prior to your child’s birth, however, none of the forms can be signed or dated before the child is born. In order to complete the forms fully, you will need: your child’s birth registration number, full legal name, date of birth, and sex. Complete the information required in the Worksheet We suggest that you download and set up the worksheet so that it includes your specific information. As you complete the forms, you will be able to simply copy and paste from the Worksheet to each form.

StartingbeforeyourchildisbornYou may choose to complete the forms as much as you can before your child is born, and then go back and add the missing information, or you may wait until you have all the information before starting the forms. The last piece of information is your child’s birth registration number. You won’t have that number until you have registered your child’s birth, and received your child’s birth certificate. Form 34F – Form 34F – Parent’s or Custodian’s Consent to Adoption – this form must be signed by the donor after the child is born, and cannot be filed with the court until 21 days after the date it is signed. This form specifically states it may be filed without the birth registration number. For the other forms, you should wait until you have the birth registration number to begin gathering the signatures.


Instructions

Page | 3

4. Complete the Forms All the forms, as well as other Family Court forms are available on the Ontario Court Service website: http://www.ontariocourtforms.on.ca/english/family/ Our website includes a form kit that includes only the forms relevant to second parent adoption. Some of these are already partially completed to help you. These forms are listed below. You will also find a Final Checklist at the end of this document to help you verify that you have completed all the forms appropriately. Filing out the forms – on your computer As you move through these instructions, you will find that some instructions apply to when you are completing the forms on a computer. These instructions are generally indicated in blue Action items will include an arrow In general, each arrow represents a task to be completed. Printing the Forms and signing the forms The second pass on each form is once it is completed and printed, and you will need to write some things in, cross others out, and sign the form. These instructions are generally indicated in blue Action items will include an arrow In general, each arrow represents a task to be completed.

Allow lots of time Completing the forms will take 2-3 hours After you have downloaded the forms, it will take a few weeks to get all the independent

legal advice sessions and witnessed signatures. It will then take 21 days from the date of the last signature to when you can file the forms

with the court. In most cases, court turn around time is between three weeks and three months.


Instructions

Page | 4

List of Forms Forms are listed in numerical order here. You will probably complete the forms and file them in a different order, and they are listed in a different order on the “Cumulative Table of Contents” which is part of the adoption package. Continuing Record – cover page that helps the court identify your file, print on red paper. Cumulative Table of Contents – a list of all the documents included within your application. Form 8D – Application – Adoption – adoption application itself. Form 25C – Adoption Order – draft copy of the order the court will issue when your adoption is finalized. Form 34 – Child’s Consent to Adoption – the child gives their consent to being adopted. If your child is not yet 7 years old, you do not need this form. Form 34A – Affidavit of Parentage – establishes the child’s parentage prior to adoption. Form 34D – Affidavit of Adoption Applicant(s) – the parent who gave birth explains their reasons for the adoption. Form 34F – Parent’s or Custodian’s Consent to Adoption – donor gives consent for the adoption and relinquishes any claim to parental rights. If you conceived with sperm from an unknown donor, you do not need this form. Form 34H – Affidavit of Adopting Relative or Stepparent – the parent who is not yet legally recognized explains their reason for adopting the child. Form 34I – Parent’s Consent to Adoption by Spouse – the parent who is already legally recognized consents to their spouse’s adoption of their child. Form 34K – Certificate of Clerk (Adoption) – this form is used by the court clerk to record which documents have been submitted and to make sure that all the required forms have been submitted.


Instructions

Page | 5

How to Complete the Forms Please follow these instructions carefully. Pay attention to when the forms must be completed in block capitals. If you are unsure of how to complete a form, refer to the sample set of forms. These three sections appear on each form: Name of Court We have already completed the name of the court for you on all of the forms: Ontario Court of Justice Court Office Address You must file your forms in person and you must file with your local court. In Toronto, the court address is: 47 Sheppard Ave. E., Toronto, ON M5N 5N1 To find your court address outside Toronto, use this interactive online listing: http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/ Court File Number Leave this blank, the court will add it.


Instructions

Page | 6

Continuing record This is a cover page that helps the court identify your file. At the end, you will print this page on red paper. Volume: 1 Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank Children’s Lawyer If your child is under age 7, leave this blank. If your child is over age 7, complete this section with their lawyer’s information. When you print this form When you print this page, you must print it on red paper. This form is the cover page in your package.


Instructions

Page | 7

Cumulative Table of Contents (continuing record) This form can vary slightly, based on your circumstances, we have created two different versions, one for children over age 7 and one for those under age 7. If your child is over age 7 Form 34 applies to you and must be listed. If you conceived with sperm from a known donor, Form 34 F applies to you and must be listed. If you conceived with sperm from an unknown donor, Form 34F does not apply to you, remove it from the list Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank Document We have already completed the names of the documents for you. This is the complete list of documents you will file. Filed by We have already completed this section for you. All the documents in this file will be filed by the Applicants. Date of Document As you get all the forms signed, you will return to this list and add the date of each form. Date of Filing The date for this will all be the same date that you file your completed package with the court. Volume/Tab You will assemble your forms with tabbed dividers in between each form, this is the number on each tab. When you print this form This form is the second page in your package, right after the red page “Continuing Record” Print this form last, it has information about the rest of the package, so if there are any changes, you will need to change this form.


Instructions

Page | 8

Form 8D – Application – Adoption Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank The application is for a: This section identifies what type of adoption you are pursuing. We have already checked the box “stepparent adoption” – this is the legal term for what is commonly called a second parent adoption in LGBTQ communities. The applicants ask for an order for the adoption of: This is where you ask for the adoption order. Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet The Applicant(s) also ask for an order that the person’s name after adoption be: (full legal name of the person after adoption) Parents sometimes change their child’s name at the time of their adoption. In most cases, with a second parent adoption, the child’s name will stay the same. If you wish to change your child’s name at this time, you may do so. Type in your child’s full name, in block capitals To be completed for a stepparent adoption: This lists the names of who the child’s parents will be after the adoption. You will list both your names here. Copy and paste the applicant(s) full legal names in block capitals from the worksheet


Instructions

Page | 9

When you print this form Strike out the box where it says “NOTE TO THE RESPONDENTS” In this case, there are no respondents Both co‐applicants must date and sign this form. Type the date this form was signed on the form “Cumulative Table of Contents (continuing record)” in the third column labelled “Date of Document” When you file this form This form goes behind Tab 1


Instructions

Page | 10

Form 25C – Adoption Order Draft copy of the order the court will issue when your adoption is finalized Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank The court heard an application of (name of person or persons) Copy and paste the applicant(s) full legal names in block capitals from the worksheet The following person were in court (names of parties and lawyers in court) We have already typed “None” If you are planning to attend the court proceeding, type in the names of the parties who will attend court. In this case, the parties are the applicants/parents, the donor, and the child. The court received evidence and heard submission on behalf of (name or names): Copy and paste the applicant(s) full legal names in regular case from the worksheet The person to be adopted is: This section identifies the child being adopted. It is a bit different from the other forms that include this same information – this form includes “Place of Birth” while the others do not. Name before adoption Copy and paste the child’s full legal name from the worksheet Date of Birth Copy and paste the child’s date of birth from the worksheet Place of birth Type the child’s city and province of birth, i.e. Toronto, Ontario Sex Copy and paste the child’s sex from the worksheet Birth Registration Number Copy and paste the child’s birth registration number from the worksheet This application is for a: We have already checked the box “stepparent adoption”


Instructions

Page | 11

THIS COURT ORDERS THAT: (name of applicant or applicants) Copy and paste the applicant(s) full legal names in block capitals from the worksheet

(person’s full legal name) Copy and paste the child’s full legal name from the worksheet To be completed for a stepparent adoption: (full legal name of the parents) Copy and paste the applicant(s) full legal names in block capitals from the worksheet, each parent’s name is inserted on a separate line When you print this form Print 3-5 copies of this form. You do not write anything on it or sign it. If you print several copies of this form and send them in with your application, the judge will sign a few extra copies for you. This can be handy later. We recommend sending 3-5 copies with your application. When you file this form This form goes behind Tab 8 When the Adoption is Finalized The judge will put their seal at the top of this form, print their name, and date the order at the top. The judge or the court clerk will sign and date this form at the bottom. You will receive this form back by mail or at the court proceeding.


Instructions

Page | 12

Form 34D – Affidavit of Adoption Applicant(s) The parents explain their reasons for the adoption. It must be signed by both parents in front of a commissioner for taking affidavits. This form may be signed at the same time, and be witnessed by the same person, as form 34H. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank Child Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet My/Our name(s) is/are (full legal name) Copy and paste the names of both parents, in regular case, from the worksheet I/We live in (municipality & province) Type in the city and province that you live in We swear/affirm that the following is true: 1. We are the applicants for the adoption of the child in this case and reside in Ontario. 2. Our birthdates are Copy and paste your dates of birth from the worksheet 3. The details of our background are as follows: In many adoptions, the adoptive parents would briefly explain why they are qualified applicants. We suggest the following paragraph. You may wish to personalize it or add to it. We conceived this child together. We intend to parent this child together. We are recognized as parents by our communities and families. We are this child’s parents. We are petitioning the court to legally recognize us both has our child’s parents.


Instructions

Page | 13

4. The child is a resident of Ontario and is: We have already checked the fourth box “a child of my spouse.” 5. The history of our relationship with the child is as follows: In many adoptions, the adoptive parents would briefly explain how long the child has lived with them or been part of their family. We suggest the following paragraph. You may wish to personalize it, or add to it. We conceived this child together. We intend to parent this child together. We are recognized as parents by our communities and families. We are this child’s parents. We are petitioning the court to legally recognize us both as our child’s parents.

6. Check the applicable box We have already checked the third box “We are applying for this child’s adoption jointly as spouses within the meaning of Part VII of the Child and Family Services Act. If an adoption order is made, we will be the child’s only legal parents.” Section 7 – 12 These are informational points that ensure that you understand the nature of adoption, that you haven’t made or received any payment outside of what is legally permissible, that you understand the provisions around disclosure in adoption. This information is not relevant to second parent adoption. If you have questions about it, please consult with a family lawyer. 13. We want to bring to the court’s attention the following additional facts about the child’s best interest. We suggest the following sentence. You may wish to personalize it, or add to it. (a) It is clearly in our child’s best interest to have both of their parents legally recognized.


Instructions

Page | 14

When you print this form: Put a line through any blank space left after your answers to questions 3, 5, and 13. When you sign this form: Both applicants will date and sign this form in front of a person who is a lawyer, justice of the peace, notary public or commissioner for taking affidavits. This form may be signed at the same time, and be witnessed by the same person, as form 34H: Affidavit of Adopting Relative or Stepparent. This person will sign on the line at the bottom labelled “Commissioner for taking affidavits” and date their signature. Write the date this form was signed on the dotted line at the top of the form. In the upper right hand corner of the form, there is a box labelled “Court File Number” below that, the title of the form, and below that is the dotted line. For help finding a person who can sign the form with you, refer to the “Getting Help” section at the end. The person who signs both 34D and 34H does not need to be a lawyer. They can be a commissioner for taking affidavits. When you file this form This form goes behind Tab 4 On the form “Cumulative Table of Contents (continuing record)” type the date this form was signed in the third column labelled “Date of Document”


Instructions

Page | 15

Form 34H – Affidavit of Adopting Relative or Stepparent The parent who did not give birth explains their reasons for the adoption. It must be signed by this parent in front of a commissioner for taking affidavits. This form may be signed at the same time, and be witnessed by the same person, as form 34D. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank My name is (full legal name)

> This is the parent who did not give birth Copy and paste your name from the worksheet I live in (municipality & province) Type in the city and province that you live in and I swear/affirm that the following is true: 1. I was born on (date of your own birth) Copy and paste your date of birth from the worksheet 2. The name of the child whom I want to adopt is Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet Child Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet You may wish to have this form signed before the child’s birth registration number is available. If the information is not yet available, you may leave it blank until you have that information and add it in after the form has been signed. 3. I am the applicant in this adoption and am this child’s We have already selected the first box “Stepparent.”


Instructions

Page | 16

4. I have made reasonable inquiries about the existence of any outstanding orders of custody of or access to the child. To the best of my knowledge,

We have already selected the first box “there is no outstanding order.” 5. I have made reasonable inquiries about the existence of any person – other than the

person(s) who already filed a consent – who is a “parent” of the child within the meaning of Part VII of the Child and Family Services Act. To the best of my knowledge,

We have already selected the first box “there is no other “parent”.” 6. I have made reasonable inquiries about the existence of any other application for the

adoption of this child. To the best of my knowledge, We have already selected the first box “there has been no other adoption application with respect to this child.” 7. I have made reasonable inquiries whether the persons who filed the consents in this

application withdrew the consents or whether a court had set aside the consents. To the best of my knowledge,

We have already selected the first box “no consent was withdrawn or set aside.” 8. The child in this adoption case We have already selected the third box “is less than 7 years old and no counselling or independent legal advice was offered.” If your child is more than 7 years old, follow these instructions: Deselect the first box. Select the second box if the child received counselling. Select the third box if the child declined counselling. Type in the name of the lawyer who gave the child independent legal advice and signed form 34 with the child. 9. I offered the child’s parents a chance to get counselling about the consent and the offer We have already selected the second box “was turned down by” Copy and paste the name of the parent who gave birth to the child from the worksheet Copy and paste the name of the donor from the worksheet Put a comma (,) between the two peoples’ names


Instructions

Page | 17

Example: Morgan Sky Sample, Kayden Matai Donor If the parent who gave birth or the donor did accept counselling: Select the first box, and copy and paste the relevant name(s) in the space provided 10. I also ensured that the parents received independent legal advice from (name of

laywers): Copy and paste the name of the person who gave birth from the worksheet type “by” and then type the name of the lawyer who provided independent legal advice and witnessed their signature on form 34I. On the next line, copy and paste the name of the donor from the worksheet type “by” after their name and then type the name of their lawyer who provided independent legal advice and witnessed their signature on form 34F. Example: Morgan Sky Sample by Ash Avocat, LLB Kayden Matai Donor by Sunny Lehrer, LLB Section 11 – 14 These are informational points that ensure that the parent understands their rights and obligations surrounding the adoption. This section is to make sure you understand what payments are legally allowed, and how disclosure works in adoption. The lawyer will also explain their right to get counselling and independent legal advice before signing the consent. If you have questions about this information, please consult with a family lawyer. When you print this form Put a line through any space left on the page under your answer to questions 4 and 9. When you sign this form The parent who did not give birth will date and sign this form in front of a person who is a lawyer, justice of the peace, notary public, or commissioner for taking affidavits. This person will sign on the line at the bottom labelled “Commissioner for taking affidavits” and date their signature. This form may be signed at the same time, and be witnessed by the same person, as form 34D.


Instructions

Page | 18

Write the date this form was signed on the dotted line at the top of the form. In the upper right hand corner of the form, there is a box labelled “Court File Number” below that, the title of the form, and below that is the dotted line. For help finding a person who can sign the form with you, refer to the “Getting Help” section at the end. The person who signs both 34D and 34H does not need to be a lawyer. They can be a commissioner for taking affidavits. When you file this form This form goes behind Tab 6 On the form “Cumulative Table of Contents (continuing record)” type the date this form was signed in the third column labelled “Date of Document”


Instructions

Page | 19

Form 34A – Affidavit of Parentage This form establishes the child’s parentage prior to adoption. It must be signed by the person who is already recognized as a parent: the parent who gave birth, in front of a commissioner for taking affidavits. This form may be signed at the same time, and be witnessed by the same person, as form 34I. This form is the most complex of the entire process. Take your time. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank My name is (full legal name)

> This is the parent who gave birth Copy and paste the name of the parent who gave birth, in regular case, from the worksheet I live in (municipality & province) Type in the city and province that you live in 1. Child’s information Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet

2. (State your relationship to the child.) Type “the parent who gave birth to this child” or “the biological mother” or another similar phrase that accurately describes your relationship to the child and celebrates your identity.

3. (date) Copy and paste the child’s date of birth from the worksheet In (municipality, province, etc.) Type the child’s city and province or state of birth. Include the country if outside Canada or the United States 4. The Child’s birth was registered or registration has been requested with the vital

statistics register of (province)


Instructions

Page | 20

We have already completed “Ontario” – if your child’s birth was registered in another province, include that information. Under the following name(s): Copy and paste the child’s full legal name in block capitals from the worksheet 5. Information about the child’s donor (biological father) We have already checked the box for a known donor – which the forms refer to as the “child’s biological father.” You can correct that when you print the form. Copy and paste the known donor’s full legal name from the worksheet If you wish, put (Sperm Donor ) following the name 6. (Name of person familiar with the legal meaning of “parent”) Write down the name of the person who is advising the birth parent and witnessing their signature on both this form and on Form 34I: Parent’s Consent to Adoption by Spouse. For example: Ash Avocat, LLB 7. Checklist Review the checkboxes carefully. Because these forms were not designed for LGBTQ people, you may encounter some instructions that need further clarification. This section is the most complicated section of all of the forms. Take your time and read it over carefully. In some sections, you will not check a box, in others, you may check more than one box. Section A In section (a), the review is attempting to determine if you have an ex-partner or deceased partner who may be a legal parent. If you have not ended a relationship in the past 300 days, you can skip this section – go to section (b) If you have ended a relationship in the past 300 days, read the checkboxes carefully: Check box 1 if you were married, and your spouse died in the past 300 days If you check box 1, type the full legal name of the person to whom you were married


Instructions

Page | 21

Check box 2 if you divorced or annulled a marriage in the past 300 days If you check box 2, type the full legal name of the person from whom you got divorced or annulled. Check box 3 if you were cohabiting with someone and you are no longer cohabiting with that person. If you check box 3, type the full legal name of the person with whom you cohabit, and state the duration of that relationship Check box 4 if you were not cohabiting with anyone Section B In section (b), the review is attempting to determine if you had a partner at the time of your child’s birth who may be a legal parent. You will check at least one box in this section, but you may check more than one box in this section if you were unmarried at the time your child was born. At the time of the child’s birth, the mother (the person who gave birth) was: Check box 1 if you were not married – even if you were cohabiting with someone, if you were not married, check box 1. Check box 2 if you were married – the form says “husband’s full legal name” but we can interpret that to include any married partner. If you check box 2, type the full legal name of the person to whom you were married. If you check box 2, you will not check any more boxes in this section, go on to Section C. Check box 3 if you were not cohabiting with anyone – the form says man, but we can interpret that to include any cohabiting partner. Check box 4 if you were cohabiting with a partner – the form says man, but we can interpret that to include any cohabiting, but unmarried partner. If you already indicated you are married, you will not check this box. If you check box 4, type the full legal name of the person with whom you cohabit, and state the duration of that relationship


Instructions

Page | 22

Section C In section (c), the review is attempting to determine if you had a partner after your child’s birth who may be a legal parent. Check box 1 if you did not marry after your child’s birth and are still not married. Check box 2 if you were married but are no longer married – the form says man but we can interpret that to include any married partner – but your former spouse was not acknowledged as a parent. Check box 3 if you are married, and your spouse is acknowledging their status as a parent. The form says man but we can interpret that to include any married partner. If you check box 3, type the full legal name of the person to whom you are or were married and who is acknowledging their status as a parent. In most cases, this will be your co-applicant in the second parent adoption. If you are married and applying with your spouse for this adoption: Check box 3 Copy and paste the full legal name of the parent who did not give birth, in regular case from the worksheet, then type “, the co‐applicant” following it. Example: Kelly Jo Form, the co‐applicant Section D In section D, the review is attempting to determine if anyone else has a claim as the child’s father. It says “man” but we can interpret that to mean any person. If the parent who did not give birth is not listed on your child’s birth registration: Check box 1 This will be the case for most families who conceived with a known sperm donor. If the parent who did not give birth is listed on your child’s birth registration: Check box 2 Copy and paste the full legal name of the parent who did not give birth, in regular case from the worksheet, then type “, the co‐applicant” following it. Example: Kelly Jo Form, the co‐applicant This will be the case for some families who conceived with an unknown sperm donor in Ontario.


Instructions

Page | 23

Section E In section E, the review is attempting to determine if a court has ever named another parent. We have already checked the first box. Section F Section F, the review is attempting to determine who else may have been acting as a parent to the child. Since child is not being placed for adoption, the wording in this section is not exactly matched to your situation. We have already checked the second box. Copy and paste the applicant(s) full legal names in regular case from the worksheet, then type “, the co‐applicants” following it. Example: Morgan Sky Sample and Kelly Jo Form, the co‐applicants This shows your intentions, together, over the past twelve months to raise this child as a member of your family. Section G Section G, the review is attempting to determine who else may have been acting as a parent to the child. Since child is not being placed for adoption, the wording in this section is not exactly matched to your situation. We have already checked the second box. Copy and paste the full legal name of the parent who did not give birth, in regular case from the worksheet, then type “, the co‐applicant” following it. Example: Kelly Jo Form, the co‐applicant This shows this parent’s past behaviour in acknowledging parental status and supporting their child. Section H In section H, the review is attempting to determine if a statutory declaration of parentage has ever been filed for the child. We have already checked the first box.


Instructions

Page | 24

Section I In section I, the review is attempting to determine if there is any written agreement or court order requiring any person to provide child support. We have already checked the first box. Section J In section J, the review is attempting to determine if there is any written agreement or court order requiring any person to have custody of or access to the child. We have already checked the first box. 8. The review in paragraphs 6 and 7 indicates that, other than the child’s mother, We have already checked the second box. This second box indicates that one person, in addition to the person who gave birth to the child, and who is already recognized as a parent, meets the definition of “parent” and would therefore need to consent before a child could be adopted. Copy and paste the full legal name of the parent who did not give birth, in regular case from the worksheet, then type “, the co‐applicant” following it.

Example: Kelly Jo Form, the co‐applicant


Instructions

Page | 25

When you sign this form: The parent who gave birth will date and sign this form in front of a person who is a lawyer, justice of the peace, notary public, or commissioner for taking affidavits. This person will sign on the line at the bottom labelled “Commissioner for taking affidavits” and date their signature. This form may be signed at the same time, and be witnessed by the same person, as form 34I. Write the date this form was signed on the dotted line at the top of the form. In the upper right hand corner of the form, there is a box labelled “Court File Number” below that, the title of the form, and below that is the dotted line. For help finding a person who can sign the form with you, refer to the “Getting Help” section at the end. When you file this form This form goes behind Tab 3 On the form “Cumulative Table of Contents (continuing record)” type the date this form was signed in the third column labelled “Date of Document”


Instructions

Page | 26

Form 34I – Parent’s Consent to Adoption by Spouse The parent who is already legally recognized consents to their spouse’s adoption of their child. By signing this form, the parent who gave birth consents to their partner, the co-applicant, sharing their parental rights and responsibilities equally and permanently. This form must be signed by the parent who gave birth, in front of a lawyer. Before signing the form, the lawyer must first provide independent legal advice to the parent. The lawyer will then sign to witness the signature and confirm that the advice was given and that the parent wished to consent to the adoption. This form may be signed at the same time, and be witnessed by the same person, as form 34A. 21 Day Waiting Period You will not be able to file this form with the court until 21 days have passed after the date of the document. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank Child Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet You may wish to have this form signed before the child’s birth registration number is available. If the information is not yet available, you may leave it blank until you have that information and add it in after the form has been signed. 1. My name is (full legal name)

> This is the parent who gave birth Copy and paste your name from the worksheet I was born on (date of birth) Copy and paste your date of birth from the worksheet


Instructions

Page | 27

and I live at (address) Copy and paste your address from the worksheet 2. The applicant is my “spouse” within the meaning of Part VII of the Child and Family

Services Act. 3. I am a parent of the child within the meaning of Part VII of the Child and Family

Services Act because I am We have already selected the first box “The child’s mother.” If you are the parent who gave birth, but are not the child’s mother, we suggest including a short note or letter to explain to the court. 4. I consent to the adoption of this child by my spouse. 5. This section explains to the parent that if they wish to withdraw their consent to the adoption, they must notify the adoption co-applicant in writing, within 21 days of signing this form.

Section 6 – 11 These are informational points that ensure that the parent understands their rights and obligations surrounding the adoption. The lawyer who provides the parent’s independent legal advice will explain to the parent how adoption works, what payments are legally allowed, and how disclosure works in adoption. The lawyer will also explain their right to get counselling and independent legal advice before signing the consent. This information will be explained to the parent by the lawyer who offers the independent legal advice. When the parent signs this form: There should be no appearance of coercion in obtaining this signature. The parent’s partner, the co-applicant for the adoption, should not be present when the parent receives independent legal advice. The parent should both schedule the appointment and pay for the appointment. There should not be any preexisting personal or business relationship between the parent’s partner, the co-applicant, and the lawyer providing the independent legal advice. The parent who gave birth will date and sign this form in front of their lawyer.


Instructions

Page | 28

The lawyer will complete the box at the bottom “Affidavit of Execution and Independent Legal Advice.” Write the date this form was signed on the dotted line at the top of the form. In the upper right hand corner of the form, there is a box labelled “Court File Number” below that, the title of the form, and below that is the dotted line. On the form “Cumulative Table of Contents (continuing record)” type the date this form was signed in the third column labelled “Date of Document” When you file this form This form goes behind Tab 2. 21 Day Waiting Period You will not be able to file this form with the court until 21 days have passed after the date of the document.


Instructions

Page | 29

Form 34F – Parent’s or Custodian’s Consent to Adoption The donor gives consent for the adoption and relinquishes any claim to parental rights. By signing this form, the donor gives up their parental rights and responsibilities permanently. This form must be signed by the donor, in front of a lawyer. The lawyer must first provide independent legal advice to the donor. The lawyer will then sign to witness the signature and confirm that the advice was given and that the donor wished to consent to the adoption. 21 Day Waiting Period You will not be able to file this form with the court until 21 days have passed after the date of the document. 1. My name is (full legal name)

> This is the donor’s information. Copy and paste the donor’s name in block capitals from the worksheet I was born on (date of birth) Copy and paste the donor’s date of birth from the worksheet and I live at (address) Copy and paste the donor’s address from the worksheet 2. The Child in this case is: Copy and paste the child’s full legal name, date of birth, sex, and birth registration number from the worksheet You may wish to have this form signed before the child’s birth registration number is available. If the information is not yet available, you may leave it blank. 3. I am a parent of the child within the meaning of Part VII of the Child and Family

Services Act because I am We have already selected the second box “The child’s father.” The donor may write “(sperm donor)” on the white space on the form if they choose. 4. I consent to the adoption of this child.

5. This section contains two spaces to add the addresses of a children’s aid society or adoption licensee. Leave them blank, since they do not apply to second parent adoption.


Instructions

Page | 30

The third bullet point in this this section explains to the donor that if they wish to withdraw their consent to the adoption, they must contact the parents, the adoption co-applicants, within 21 days of signing this form.

Section 6 – 14 These are informational points that ensure that the donor understands their rights surrounding the adoption. The lawyer who provides the donor’s independent legal advice will explain to the donor how adoption works, what payments are legally allowed, and how disclosure works in adoption. The lawyer will also explain their right to get counselling and independent legal advice before signing the consent. This information will be explained to the donor by the lawyer who offers the independent legal advice. The donor should ask any questions they have at that time, of that lawyer. If the adoption co-applicants have any questions about this form or the donor’s rights, please consult with your own lawyer when you receive your independent legal advice. When the donor signs this form: There should be no appearance of coercion in obtaining this signature. Neither of the co-applicants for the adoption should be present when the donor receives independent legal advice. The donor should both schedule the appointment and pay for the appointment. There should not be any preexisting personal or business relationship between the co-applicants and the lawyer providing the independent legal advice. The donor will date and sign this form in front of their lawyer. The lawyer will complete the box at the bottom “Affidavit of Execution and Independent Legal Advice.” When you receive the form back from the donor: Write the date this form was signed on the dotted line at the top of the form. In the upper right hand corner of the form, there is a box labelled “Court File Number” below that, the title of the form, and below that is the dotted line. When your file this form On the form “Cumulative Table of Contents (continuing record)” type the date this form was signed in the third column labelled “Date of Document” This form goes behind Tab 5


Instructions

Page | 31

Form 34K – Certificate of Clerk (Adoption) This form is used by the court clerk to record which documents have been submitted and to make sure that all the required forms have been submitted. If a document is submitted, the clerk will check the box on the left. If a document has not been submitted, but should be, the clerk will tick the box on the right. You will only complete the first section of this form, assuming you file all the documents and forms you need to, the clerk will find everything is in order. If one or more documents is missing, the clerk will return this form to you so you know what else you will need to submit. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank The court clerk will complete the rest of this form, and then they will sign and date it at the bottom. When you file this form This form goes behind Tab 9


Instructions

Page | 32

Only for children over Age 7 Form 34 – Child’s Consent to Adoption Completing a second parent adoption has one extra step for children over the age of seven. You will need one extra form, and your cumulative table of contents (continuing record) will be slightly different than for a younger child. If your child has already turned seven, this is how the child gives their consent to being adopted. If your child is not yet seven years old, you will not complete this form. It must be signed by the child, in front of a lawyer. The lawyer must first provide independent legal advice to the child. The lawyer will then sign to witness the signature and confirm that the advice was given and that the child wished to consent to the adoption. Applicant(s) Copy and paste the applicant(s) full legal names and addresses from the worksheet Lawyer’s name & address You are filing your own paperwork, so leave this section blank Respondent(s) There is no respondent, leave these sections blank 1. My name is (Child’s full legal name) Copy and paste the child’s full legal name from the worksheet 2. I was born on (give date of birth) Copy and paste the child’s date of birth from the worksheet Section 3 – 5 Explain the child understands they are being adopted, that they agree, and that they have been offered counselling. 6. Explains to the child that they can withdraw their consent within 21 days at the lawyer’s office. Type in the address of the lawyer who is providing independent legal advice to your child Sections 7 – 8 explain openness and disclosure in adoption. These issues are not usually relevant for a family completing a second parent adoption.


Instructions

Page | 33

9. I have spoken to a lawyer The check boxes explain what the lawyer will explain to your child. 10. (full legal name after adoption) If the child being adopted is under 12 years of age, leave this section blank. If the child being adopted has already turned 12, type in the child’s name, even if it is not being changed. This is how the child consents to their name being changed. Children under the age of 12 are not legally required to consent to a name change being made by a parent. When your child signs this form The child will date and sign this form in front of their lawyer. The lawyer will complete the box at the bottom “Affidavit of Execution and Independent Legal Advice.” When you file this form This form goes behind Tab 9 Move Form 34K to Tab 10 On the form “Cumulative Table of Contents (continuing record)” make sure “Form 34: Child’s Consent to Adoption” is listed. If you need to add it: Type “Form 34: Child’s Consent to Adoption” in the first column labelled “Name of Document” Type “A” for applicant in the second column labelled “Filed by” Type the date this form was signed in the third column labelled “Date of Document” Type “Tab 10” in the fifth column labelled “Volume/Tab”


Instructions

Page | 34

5. Final Checklist & Assembling Your Application Assembling your adoption paperwork package properly will take a few minutes at the end. Check that your documents are completed, printed, and signed correctly and do the last set of printing: Continuing Record This is the cover page of the adoption application package. Print this form on red paper

Set of numbered tabs Any kind of tabs will do, you will need ten numbered paper tabs. You can buy them at any office supply store. Put all the tabs behind the red cover page.

Form 8D Application This form is signed by both parents Put this document behind Tab 1

Certified copy of the statement of live birth This is your child’s long form birth certificate Put this document behind Tab 2

Type the date this document was issued on the form “Cumulative Table of Contents (continuing record)” in the column labelled “Date of Document” Form 34D: Affidavit of Adoption Applicants This form is signed by both parents who are filing the adoption Blank spaces on all 3 pages are struck through This form is witnessed by a commissioner of oaths (does not have to be a lawyer) Put this form behind Tab 3

Form 34H: Affidavit of Adopting Relative or Stepparent This form is signed by the parent who did not give birth This form is witnessed by a commissioner of oaths (does not have to be a lawyer) Put this form behind Tab 4

Form 34A: Affidavit of Parentage This form is signed by the parent who gave birth This form is witnessed by a commissioner of oaths (does not have to be a lawyer) Put this form behind Tab 5


Instructions

Page | 35

Form 34I: Consent to Adoption by Spouse This form is signed by the parent who gave birth This form is witnessed by a lawyer Put this form behind Tab 6

Form 34F: Parent’s or Guardian’s Consent to Adoption This form is signed by the donor This form is witnessed by a lawyer Put this form behind Tab 7

Form 25C: Draft Order This form is not signed yet – it will be signed by the judge Put this document behind Tab 8

Form 34K: Certificate of Clerk (Adoption) This form is not signed yet – it will be signed by the court clerk Put this document behind Tab 9 (Tab 10 if the child is over 7 years old)

Form 34: Child’s Consent to Adoption This form is only included if your child is over 7 years old This form is signed by the child This form is witnessed by a lawyer Put this form behind Tab 9

Return to the Cumulative Table of Contents (continuing record) Check to make sure each form has the right date of document and date of filing in the columns Cumulative Table of Contents Print this form last, after everything else is ready This form is filed after the red page, but on top of Tab 1

Once the package is all assembled, you may clip the package together in the upper left hand corner, or keep it unbound, in an envelope or folder.


Instructions

Page | 36

6. Filing Your Application for Adoption 21 Day Waiting Period Check the date of the signatures on Form 34F and 34I – you cannot file your paperwork until 21 days after these forms have been signed. You must hand deliver the package to the court location where you will be filing your second parent adoption. The court clerk will check over your documents and make sure everything is in order. If everything is in order, they will then assign a court file number and complete Form 34 K. If something is missing, the clerk will return the package to you and should be able to explain what is missing and how to correct it. Check with the court clerk to find out how long the adoption order will take. The time from filing to the order being issued varies based on the court’s calendar.


Instructions

Page | 37

Getting Help Our website has a Directory which lists several lawyers who are familiar with LGBTQ parenting issues and can provide legal advice or assistance in completing and filing the forms. Our staff can help you if you need basic questions answered. We cannot give legal advice. Please contact: LGBTQ Parenting Network [email protected]

FamilyCourt–MinistryoftheAttorneyGeneralCourt Addresses, interactive online listing: http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/

OntarioCourtServicesProvides online access to family court forms Adoption – Form 34, A through M http://www.ontariocourtforms.on.ca/english/family

OfficeoftheChildren’sLawyerLegal advice for children. Services are available across Ontario. (416) 314-8000 http://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/default.asp

About This Info Sheet This Self-Help Legal Guide is part of a series on LGBTQ parenting recognition. Downloads of the forms, info sheets and more are available on our website: http://lgbtqpn.ca/our-work/recognition This Self-Help Legal Guide is published by the LGBTQ Parenting Network, a program of Sherbourne Health Centre. The LGBTQ Parenting Network supports lesbian, gay, bisexual, trans, and queer parenting through training, research, resource development and community organizing. This information is provided as a community resource. Every effort is made to ensure that this information is as current and accurate as possible, but we cannot guarantee the accuracy of the information. Readers should verify the information before acting on it. We welcome reports of errors and omissions as well as suggestions. For updates, visit: lgbtqpn.ca/current Version 1.0 – Originally published October 2015