Section 1 definition of "chief executive officer" was added by 2002-74-37, effective December 19, 2002 (BC Reg 381/2002).
Section 1 definition of "director" BEFORE amended by 2004-60-33(a), effective January 16, 2006 (BC Reg 350/2005).
"director" means the person designated by the minister as director of adoption;
Section 1 definition of "Provincial director" was added by 2004-60-33(b), effective January 16, 2006 (BC Reg 350/2005).
Section 1 definition of "extra-provincial agency" BEFORE amended by 2004-60-33(c)(part), effective January 16, 2006 (BC Reg 350/2005).
"extra-provincial agency" means an official or agency located outside British Columbia and having substantially similar powers as the director in respect of guardianship;
Section 1 definition of "birth fathers" BEFORE repealed by BC Reg 336/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 336/2006).
"birth fathers" registry means the registry referred to in section 10;
Section 1 definition of "birth fathers registry" was added by BC Reg 336/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 336/2006).
Section 1 definition of "aboriginal child" paragraph (b.2) was added by 2007-36-1(a), effective April 3, 2009 (BC Reg 55/2009).
Section 1 definition of "designated representative" BEFORE amended by 2007-36-1(b), effective April 3, 2009 (BC Reg 55/2009).
"designated representative", when used in relation to the Nisg̱a'a Lisims Government, an Indian band or an aboriginal community, means a representative designated in accordance with the regulations;
Section 1 definition of "treaty first nation" was added by 2007-36-1(c), effective April 3, 2009 (BC Reg 55/2009).
Section 1 definition of "post-placement report" BEFORE amended by 2011-25-261, effective November 24, 2011 (Royal Assent).
"post-placement report" means a report to court prepared by the director or an adoption agency;
Section 1 definition of "birth father", "birth fathers' registry", birth mother", "birth parent", and "guardian" BEFORE replaced by "birth mother" and "parents' registry" by 2011-25-262, effective March 18, 2013 (BC Reg 131/2012).
"birth father" means a child's biological father;
"birth fathers' registry" means the registry referred to in section 10;
"birth mother" means a child's biological mother;
"birth parent" means a birth father or a birth mother;
"guardian" means the guardian of the child's person;
Section 1 definition of "direct placement" BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
"direct placement" means the action of a birth 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;
Section 1 (1) definitions of "caregiver" and "director of child protection" were added by 2014-14-8(b), effective May 29, 2014 (Royal Assent).
Section 1 definition of "chief executive officer" BEFORE repealed by 2014-14-133, effective May 29, 2014 (Royal Assent).
"chief executive officer" means the chief executive officer under the Vital Statistics Act ;
Section 1 definition of "registrar general" was added by 2014-14-133, effective May 29, 2014 (Royal Assent).
Section 1 (1) definitions of "Nisg̱a'a child", "Nisg̱a'a Final Agreement", "Nisg̱a'a Lisims Government", "Nisg̱a'a Nation" and "Nisg̱a'a Village" BEFORE repealed by 2014-32-6, effective November 27, 2014 (Royal Assent).
"Nisg̱a'a child" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Final Agreement" has the same meaning as in the Nisg̱a'a Final Agreement Act;
"Nisg̱a'a Lisims Government" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Nation" has the same meaning as in the Nisg̱a'a Final Agreement;
"Nisg̱a'a Village" has the same meaning as in the Nisg̱a'a Final Agreement;
Section 1 (1) definition of "extra-provincial agency" BEFORE amended by 2016-5-3, effective March 10, 2016 (Royal Assent).
"extra-provincial agency" means an official or agency located outside British Columbia and having substantially similar powers as a director in respect of guardianship;
Section 1 (1) definitions of "aboriginal child", "aboriginal community", "Indian band" and "treaty first nation" BEFORE repealed by 2022-40-1(a), (d) and (g), effective November 25, 2022 (BC Reg 245/2022).
"aboriginal child" means a child
(a) who is registered under the Indian Act (Canada),
(b) who has a biological parent who is registered under the Indian Act (Canada),
(b.1) who is a Nisg̱a'a child,
(b.2) who is a treaty first nation child,
(c) who is under 12 years of age and has a biological parent who
(i) is of aboriginal ancestry, and
(ii) considers himself or herself to be aboriginal, or
(d) who is 12 years of age or older, of aboriginal ancestry and considers himself or herself to be aboriginal;
"aboriginal community" means an aboriginal community designated by the minister;
"Indian band" means a band as defined in the Indian Act (Canada) and includes a band council;
"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.
Section 1 (1) definitions of "designated representative" and "relative" BEFORE amended by 2022-40-1(b) and (f), effective November 25, 2022 (BC Reg 245/2022).
"designated representative", when used in relation to the Nisg̱a'a Lisims Government, an Indian band, an aboriginal community or a treaty first nation, means a representative designated in accordance with the regulations;
"relative" means a person related to another by birth or adoption;
Section 1 (1) definitions of "First Nation child", "Indigenous child", "Indigenous community information", "Indigenous governing body", "Indigenous peoples" and "Treaty First Nation" were added by 2022-40-1(c), (e) and (g), effective November 25, 2022 (BC Reg 245/2022).
Section 1 (1) definition of "Indigenous child", paragraphs (d) and (e) BEFORE amended by 2023-10-4, effective March 30, 2023 (Royal Assent).
(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 himself or herself to be an Indigenous person,
(e) who is 12 years of age or over, of Indigenous ancestry, including Métis and Inuit, and considers himself or herself to be an Indigenous person, or
Section 3 (1) (e) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(e) the quality of the relationship the child has with a birth parent or other individual and the effect of maintaining that relationship;
Section 3 (2) BEFORE repealed by 2022-40-2(b), effective November 25, 2022 (BC Reg 245/2022).
(2) If the child is an aboriginal child, the importance of preserving the child's cultural identity must be considered in determining the child's best interests.
Section 4 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
Who may place a child for adoption
4 The following may place a child for adoption:
(a) the director;
(b) an adoption agency;
(c) a birth parent or other guardian of the child, by direct placement in accordance with this Part;
(d) a birth parent or other guardian related to the child, if the child is placed with a relative of the child.
Section 4 (c) and (d) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(c) a birth parent or other guardian of the child, by direct placement in accordance with this Part;
(d) a birth parent or other guardian related to the child, if the child is placed with a relative of the child.
Section 5 (2) BEFORE repealed by 2017-4-1, effective March 16, 2017 (Royal Assent).
(2) Each prospective adoptive parent must be a resident of British Columbia.
Section 6 (1) (part) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) Before placing a child for adoption, the director or an adoption agency must
Section 6 (2) BEFORE amended by 2004-60-35, effective January 16, 2006 (BC Reg 350/2005).
(2) The director or an adoption agency may only place a child for adoption with prospective adoptive parents who have been approved on the basis of a homestudy.
Section 6 (1) (a) and (b) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(a) provide information about adoption and the alternatives to adoption to the birth parent or other guardian requesting placement,
(b) if the birth parent or other guardian requesting placement wishes to select the child's prospective adoptive parents, provide the birth 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,
Section 6 (1) (g) (i) and (ii) BEFORE amended by 2011-25-264,265, effective March 18, 2013 (BC Reg 131/2012).
(i) anyone who is named by the birth mother as the child's birth father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the birth fathers' registry in respect of the proposed adoption.
Section 6 (2) BEFORE amended by 2017-4-2, effective March 16, 2017 (Royal Assent).
(2) A director or an adoption agency may only place a child for adoption with prospective adoptive parents who have been approved on the basis of a homestudy.
Section 7 (1) (part) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) Before placing an aboriginal child for adoption, the director or an adoption agency must make reasonable efforts to discuss the child's placement with the following:
Section 7 (1) (b) BEFORE amended by 2007-36-2(b), effective April 3, 2009 (BC Reg 55/2009).
(b) if the child is not a Nisg̱a'a child and is not registered or not entitled to be registered as a member of an Indian band, with a designated representative of an aboriginal community that has been identified by
Section 7 (1) (b) (ii) and (2) (b) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(ii) a birth parent of the child, if the child is under 12 years of age.
(b) if the birth parent or other guardian of the child who requested that the child be placed for adoption objects to the discussion taking place.
Section 7 BEFORE re-enacted by 2022-40-5, effective November 25, 2022 (BC Reg 245/2022).
Discussion with aboriginal communities
7 (1) Before placing an aboriginal child for adoption, a director or an adoption agency must make reasonable efforts to discuss the child's placement with the following:
(a) if the child is registered or entitled to be registered as a member of an Indian band, with a designated representative of the band;
(a.1) if the child is a Nisg̱a'a child, with a designated representative of the Nisg̱a'a Lisims Government;
(a.2) if the child is a treaty first nation child, with a designated representative of the treaty first nation;
(b) if the child is neither a Nisg̱a'a child nor a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band, with a designated representative of an aboriginal 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.
(2) Subsection (1) does not apply
(a) if the child is 12 years of age or over and objects to the discussion taking place, or
(b) if the parent or other guardian of the child who requested that the child be placed for adoption objects to the discussion taking place.
(3) An adoption agency must make reasonable efforts to obtain information about the cultural identity of a treaty first nation child before placing the treaty first nation child for adoption if the final agreement of the treaty first nation requires these efforts to be made.
Section 8 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
8 (1) As soon as possible before a direct placement, the prospective adoptive parents must notify the 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), the director or the adoption agency must
(a) provide information about adoption and the alternatives to adoption to the birth 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 birth parent or other guardian of the child, and
(f) make sure that the child,
(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.
Section 8 (2) (a) and (e) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(a) provide information about adoption and the alternatives to adoption to the birth parent or other guardian proposing to place the child,
(e) give a copy of the pre-placement assessment to the prospective adoptive parents and to the birth parent or other guardian of the child, and
Section 9 (a) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(a) the birth parent or other guardian placing the child receives a copy of the pre-placement assessment prepared by the director or the adoption agency,
Section 9 (a) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(a) the birth parent or other guardian placing the child receives a copy of the pre-placement assessment prepared by a director or the adoption agency,
Section 9 (d) (i) and (ii) BEFORE amended by 2011-25-264,265, effective March 18, 2013 (BC Reg 131/2012).
(i) anyone who is named by the birth mother as the child's birth father if his consent is not required under section 13, and
(ii) anyone who is registered under section 10 in the birth fathers' registry in respect of the proposed adoption.
Section 10 (1) and (2) BEFORE amended by 2011-25-265,266, effective March 18, 2013 (BC Reg 131/2012).
(1) A birth father may, in accordance with the regulations, register on the birth fathers' registry to receive notice of a proposed adoption.
(2) Notice to a person registered on the birth fathers' registry is properly given if it is sent, in accordance with the regulations, to the address recorded in the registry.
Section 11 (1) (part) BEFORE amended by 2011-25-267, effective March 18, 2013 (BC Reg 131/2012).
(1) On application, the court may dispense with notice of a proposed adoption to a birth father if it is satisfied
Section 12 (1) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) Within 14 days after receiving a child in their home for the purposes of adoption, the prospective adoptive parents must notify in writing the director or an adoption agency.
Section 13 (1), (2), and (3) BEFORE amended by 2011-25-268, effective March 18, 2013 (BC Reg 131/2012).
Who must consent to adoption
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;
(b) the birth mother;
(c) the father;
(d) any person appointed as the child's guardian.
(2) For the purpose of giving consent to adoption, the child's father is anyone who
(a) has acknowledged paternity by signing the child's birth registration,
(b) is or was the child's guardian or joint guardian with the birth mother,
(c) has acknowledged paternity and has custody or access rights to the child by court order or by agreement,
(d) has acknowledged paternity and has supported, maintained or cared for the child, voluntarily or under a court order,
(e) has acknowledged paternity and is named by the birth mother as the child's father, or
(f) is acknowledged by the birth mother as the father and is registered on the birth fathers' registry as the child's father.
(3) If the child is in the continuing custody of a director under the Child, Family and Community Service Act, or a director under that Act is the child's guardian under the Family Relations Act, the only consents required are
(a) that director's consent, and
(b) the child's consent, if required under subsection (1).
Section 13 (3) BEFORE amended by 2014-14-11, effective May 29, 2014 (Royal Assent).
(3) If the child is in the continuing custody of a director under the Child, Family and Community Service Act, or a director under that Act is the child's personal guardian under the Infants Act, the only consents required are
Section 13 (5) BEFORE amended by 2016-5-4, effective March 10, 2016 (Royal Assent).
(5) If a child has been placed for adoption by an extra-provincial 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.
Section 17 (3) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(3) Before making an order under this section, the court may consider any recommendation in a report filed by the director or by an adoption agency.
Section 18 (1) (part) BEFORE amended by 2004-60-36(a), effective January 16, 2006 (BC Reg 350/2005).
(1) Before the 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
Section 18 (1) (b) BEFORE amended by 2004-60-36(b), effective January 16, 2006 (BC Reg 350/2005).
(b) is received by the director or the adoption agency before the child is placed with prospective adoptive parents.
Section 18 (2) and (3) BEFORE amended by 2004-60-36(d), effective January 16, 2006 (BC Reg 350/2005).
(2) As soon as possible after receiving the written revocation, the director or the adoption agency 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 receives the written revocation.
Section 19 (1) (b) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(b) is received by the director or an adoption agency before the end of the 30 days.
Section 19 (2) (part) BEFORE amended by 2004-60-37(b), effective January 16, 2006 (BC Reg 350/2005).
(2) As soon as possible after receiving the written revocation, the director or the adoption agency must
Section 22 (3) BEFORE amended by 2017-4-3, effective March 16, 2017 (Royal Assent).
(3) A copy of the court application to revoke a consent to adoption must be served on everyone who consented to the adoption.
Section 23 (part) BEFORE amended by 2004-60-38, effective January 16, 2006 (BC Reg 350/2005).
23 A birth parent who has care and custody of a child may, in writing, transfer care and custody to the director or the administrator of an adoption agency before
Section 23 BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
Transfer of care and custody to a director or an adoption agency
23 A birth 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
(b) the birth parent consents to the child's adoption.
Section 24 (1) BEFORE amended by 2004-60-39, effective January 16, 2006 (BC Reg 350/2005).
(1) When consent to the adoption of a child is given by the birth parent or other guardian who requested the director or an adoption agency to place the child for adoption, the director or the
Section 24 (2) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(2) When the director or the administrator of an adoption agency becomes the guardian of a child under subsection (1), the Public Guardian and Trustee becomes the guardian of the child's estate.
Section 24 (1) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(1) When consent to the adoption of a child is given by the birth parent or other guardian who requested a director or an adoption agency to place the child for adoption, the director or the administrator of the adoption agency becomes guardian of the child until an adoption order is made or the consent is revoked.
Section 24 (1) and (2) BEFORE amended by 2011-25-269, effective March 18, 2013 (BC Reg 131/2012).
(1) When consent to the adoption of a child is given by the birth parent or other guardian who requested a director or an adoption agency to place the child for adoption, the director or the administrator of the adoption agency becomes guardian of the child until an adoption order is made or the consent is revoked.
(2) When a director or the administrator of an adoption agency becomes the guardian of a child under subsection (1), the Public Guardian and Trustee becomes the guardian of the child's estate.
Section 24 (2) BEFORE amended by 2014-14-12, effective May 29, 2014 (Royal Assent).
(2) When a director or the administrator of an adoption agency becomes the guardian of a child under subsection (1), the Public Guardian and Trustee becomes the child's property guardian.
Section 24 BEFORE re-enacted by 2017-4-4, effective March 16, 2017 (Royal Assent).
When a director or an adoption agency becomes guardian
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 of the adoption agency becomes, subject to subsection (2), guardian of the child until an adoption order is made or the consent is revoked.
(2) When a director or an administrator becomes the guardian of a child under subsection (1), the Public Guardian and Trustee becomes the child's property guardian.
Section 25 (part) BEFORE amended by 2004-60-40, effective January 16, 2006 (BC Reg 350/2005).
25 If the director or the administrator of an adoption agency has care and custody of a child under section 23 or is guardian of a child under section 24, the director or the administrator may
Section 25 BEFORE re-enacted by 2017-4-4, effective March 16, 2017 (Royal Assent).
Transfer of care and custody by a director or an adoption agency
25 If a director or an administrator has care and custody of a child under section 23 or is guardian of a child under section 24, the director or the administrator may
(a) transfer care and custody of the child to a prospective adoptive parent, or
Section 27 (1) BEFORE amended by BC Reg 336/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 336/2006).
(1) In this section:
"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;
"heath care provider" includes any person licensed, certified or registered in British Columbia or in another province or state to provide health care.
Section 28 (1) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(1) When consent to adoption is given by a birth 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 birth parent or other guardian named in the consent.
Section 29 (2) BEFORE amended by 2011-25-270, effective March 18, 2013 (BC Reg 131/2012).
(2) One adult may apply to the court to jointly become a parent of a child with a birth parent of the child.
Section 31 (1) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(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 the 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 has access rights to the child by court order or by an agreement enforceable as an order under the Family Relations Act.
Section 31 (2) BEFORE amended by 2004-60-41, effective January 16, 2006 (BC Reg 350/2005).
(2) The notice to the director must be accompanied by the material or documents to be filed with the court under section 32.
Section 31 (1) (b) BEFORE amended by 2011-25-271, effective March 18, 2013 (BC Reg 131/2012).
(b) to any person who has access rights to the child by court order or by an agreement enforceable as an order under the Family Relations Act.
Section 33 (1) (part) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) If the director or an adoption agency is given notice under section 31 or has placed the child for adoption, the director or the agency must file with the court a post-placement report that contains
Section 33 (2) (part) BEFORE amended by 2004-60-35, effective January 16, 2006 (BC Reg 350/2005).
(2) The director or the adoption agency may file with the court
Section 34 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
34 The court may require the director to inquire into any matter respecting an application for an adoption order that the court considers to be necessary.
Section 35 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
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 the 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 the director or an adoption agency.
Section 37 (1) (c) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(c) the birth parents cease to have any parental rights or obligations with respect to the child, except a birth parent who remains under subsection (2) a parent jointly with the adoptive parent.
Section 37 (1) (c), (2), and (3) BEFORE amended by 2011-25-272, effective March 18, 2013 (BC Reg 131/2012).
(c) the birth parents cease to have any parental rights or obligations with respect to the child, except a birth 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 a birth parent of the child, then, for all purposes when the adoption order is made,
(a) the adult joins the birth parent as parent of the child, and
(b) the child's other birth 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 birth parents or parent under subsections (1) and (2).
Section 37 (7) BEFORE amended by 2022-40-8, effective November 25, 2022 (BC Reg 245/2022).
(7) An adoption order does not affect any aboriginal rights the child has.
Section 38 BEFORE amended by 2011-25-273, effective March 18, 2013 (BC Reg 131/2012).
Effect on access order or agreement
38 (1) When an adoption order is made, any order or agreement for 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 access order or an access provision of an agreement that is enforceable as an order under the Family Relations Act does not terminate, and
(b) vary the access order or provision.
Section 39 (1) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) When an adoption order is made, the director or an adoption agency must make reasonable efforts to notify the birth parent or other guardian who requested the director or the agency to place the child for adoption that the child has been adopted.
Section 39 (1) and (2) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(1) When an adoption order is made, a director or an adoption agency must make reasonable efforts to notify the birth parent or other guardian who requested a director or the agency to place the child for adoption that the child has been adopted.
(2) Subsection (1) does not apply if the birth parent or other guardian indicated that they wished not to be notified.
Section 39 (1) BEFORE amended by 2014-14-13(a), effective May 29, 2014 (Royal Assent).
(1) When an adoption order is made, a director or an adoption agency must make reasonable efforts to notify the parent or other guardian who requested a director or the agency to place the child for adoption that the child has been adopted.
Section 39 (2) BEFORE amended by 2014-14-13(b), effective May 29, 2014 (Royal Assent).
(2) Subsection (1) does not apply if the parent or other guardian indicated that they wished not to be notified.
Section 42 (1), (2) and (3) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(1) If the identity of a prospective adoptive parent is not known to a birth 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 birth parent or other guardian in connection with
(a) an application under this or another Act for an order relating to the child, or
(b) an appeal of that order.
(2) If the identity of a birth 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 birth 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.
Section 43 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
43 An application for an order under this Act or any document filed in court in connection with the application may be searched only
(a) by order of the court, or
(b) at the request of the director.
Section 45 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
45 (1) After an adoption order is made, the registrar of the court must send a copy of the order
(a) to the Director of Vital Statistics, and
(b) if the 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 Director of Vital Statistics any information relating to an adoption order that is required under the Vital Statistics Act.
Section 45 (1) (b) BEFORE amended by 2004-60-42, effective January 16, 2006 (BC Reg 350/2005).
(b) if the director or an adoption agency filed a post-placement report, to the director or the agency.
Section 45 (1) and (2) BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
Duties of court registrar
45 (1) After an adoption order is made, the registrar of the court must send a copy of the order
(a) to the chief executive officer, 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 chief executive officer any information relating to an adoption order that is required under the Vital Statistics Act.
Section 48 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
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 the director or an adoption agency.
(2) The director or the adoption agency must grant approval if
(a) the birth 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.
Section 48 (2) (a) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(a) the birth parent or other guardian placing the child for adoption has been provided with information about adoption and the alternatives to adoption,
Section 49 (a) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(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 birth parent, or
Section 52 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
52 The director is the Central Authority for British Columbia for the purposes of the Convention.
Section 53 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
53 If authorized by the director, a body accredited in a contracting state may act in British Columbia.
Section 54 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
54 The director may authorize a body accredited in British Columbia to act in a contracting state.
Section 56 BEFORE amended by 2004-60-43 and 44, effective January 16, 2006 (BC Reg 350/2005).
56 Subject to the regulations, the director may disclose to an adult who, as a child, was adopted in accordance with the Convention any information in the director's records concerning the adult's origin.
Section 57 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
57 The 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.
Section 58 in the definition of "Original birth registration", paragraph (b) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(b) a registration showing the name of the birth parent and containing a notation of the adoption and any change of name consequent to the adoption;
Section 59 (2) (a) BEFORE amended by 2011-25-274, effective March 18, 2013 (BC Reg 131/2012).
(a) may only be made after consent to the adoption is given by the birth parent or other guardian who placed or requested that the child be placed for adoption, and
Section 59 (2) BEFORE amended by 2014-14-14, effective May 29, 2014 (Royal Assent).
(a) may only be made after consent to the adoption is given by the pre-adoption parent or other guardian who placed or requested that the child be placed for adoption, and
(b) may include a process to resolve disputes arising under the agreement or with respect to matters associated with it.
Section 60 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
60 (1) Any of the following may, in accordance with the regulations, register with the 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 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.
Section 61 BEFORE amended by 2004-60-35, effective January 16, 2006 (BC Reg 350/2005).
61 The 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.
Section 62 (1) and (2) BEFORE amended by 2004-60-35, effective January 16, 2006 (BC Reg 350/2005).
(1) The director or an adoption agency may, in a child's best interests, disclose to a prospective adoptive parent or an adoptive parent of an aboriginal child any of the following:
(a) the name and location of an Indian band, if the child is registered or entitled to be registered as a member of the band;
(b) the name and location of an aboriginal community, if the child is an aboriginal child and a birth parent of the child identified that community;
(c) the location of the Nisg̱a'a Lisims Government, if the child is a Nisg̱a'a child.
(2) The 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 aboriginal child can be contacted by the following:
(a) if the child is registered or entitled to be registered as a member of an Indian band, by a designated representative of the band;
(a.1) if the child is a Nisg̱a'a child, by a designated representative of the Nisg̱a'a Lisims Government;
(b) if the child is an aboriginal child but is not registered or entitled to be registered as a member of an Indian band, by a designated representative of an aboriginal community that has been identified
(i) by the child, if 12 years of age or over, or
(ii) by a birth parent of the child, if the child is under 12 years of age.
Section 62 (3) BEFORE amended by 2004-60-45, effective January 16, 2006 (BC Reg 350/2005).
(3) 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.
Section 62 (2) (b) BEFORE amended by 2007-36-3(c), effective April 3, 2009 (BC Reg 55/2009).
(b) if the child is an aboriginal child but is not registered or entitled to be registered as a member of an Indian band, by a designated representative of an aboriginal community that has been identified
Section 62 (1) (b) and (2) (b) (ii) BEFORE amended by 2011-25-274, effective March 18, 2013 (BC Reg 131/2012).
(b) the name and location of an aboriginal community, if the child is an aboriginal child and a birth parent of the child identified that community;
(ii) by a birth parent of the child, if the child is under 12 years of age.
Section 62 (2) (b) (part) BEFORE amended by 2010-21-1, effective February 1, 2021 (BC Reg 20/2021).
(b) if the child is not a treaty first nation child and is neither registered nor entitled to be registered as a member of an Indian band, by a designated representative of an aboriginal community that has been identified
Section 62 (1) and (2) BEFORE amended by 2022-40-10, effective November 25, 2022 (BC Reg 245/2022).
(1) A director or an adoption agency may, in a child's best interests, disclose to a prospective adoptive parent or an adoptive parent of an aboriginal child any of the following:
(a) the name and location of an Indian band, if the child is registered or entitled to be registered as a member of the band;
(b) the name and location of an aboriginal community, if the child is an aboriginal child and a pre-adoption parent of the child identified that community;
(c) the location of the Nisg̱a'a Lisims Government, if the child is a Nisg̱a'a child;
(d) the name and location of the treaty first nation, if the child is a treaty first nation child.
(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 aboriginal child can be contacted by the following:
(a) if the child is registered or entitled to be registered as a member of an Indian band, by a designated representative of the band;
(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 described by paragraph (a), (a.1) or (a.2), by a designated representative of an aboriginal 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.
Section 62 (3) BEFORE amended by 2023-10-5, effective March 30, 2023 (Royal Assent).
(3) In exercising his or her 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.
Section 63 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
63 (1) An adopted person 19 years of age or over may apply to the Director of Vital Statistics for a copy of the following:
(a) the adopted person's original birth registration;
(b) the adoption order.
(2) When an applicant complies with section 67, the Director of Vital Statistics 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.
Section 63 (1) (c) was added by 2007-36-3.1, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-43-19 (BC Reg 55/2009)].
Section 63 BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
Disclosure to adopted person 19 or over
63 (1) An adopted person 19 years of age or over may apply to the chief executive officer 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.
(2) When an applicant complies with section 67, the chief executive officer 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.
Section 63 (1) (c) BEFORE amended by 2022-40-11, effective November 25, 2022 (BC Reg 245/2022).
(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;
Section 64 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
64 (1) If an adopted person is 19 years of age or over, a birth parent named on the adopted person's original birth registration may apply to the Director of Vital Statistics 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;
(c) the adoption order.
(2) When an applicant complies with section 67, the Director of Vital Statistics 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 Director of Vital Statistics must delete the adoptive parents' identifying information.
Section 64 (1) (d) was added by 2007-36-3.2, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-43-19 (BC Reg 55/2009)].
Section 64 BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
Disclosure to pre-adoption parent when adopted person is 19 or over
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 chief executive officer 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.
(2) When an applicant complies with section 67, the chief executive officer 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 chief executive officer must delete the adoptive parents' identifying information.
Section 64 (1) (d) BEFORE amended by 2022-40-11, effective November 25, 2022 (BC Reg 245/2022).
(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;
Section 65 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
65 (1) Either of the following may apply to the Director of Vital Statistics 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 birth 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 Director of Vital Statistics 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 birth parent, a brief summary of any available information about the medical and social history of the birth 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 Director of Vital Statistics 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 Director of Vital Statistics.
(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 Director of Vital Statistics 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.
Section 65 (1) (b) and (3) (b) BEFORE amended by 2011-25-274,275, effective March 18, 2013 (BC Reg 131/2012).
(b) a birth parent named on the original birth registration of an adopted person referred to in paragraph (a).
(b) in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
Section 65 BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
Disclosure veto and statement
65 (1) Either of the following may apply to the chief executive officer 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 chief executive officer 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 chief executive officer 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 chief executive officer.
(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 chief executive officer 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.
Section 66 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
66 (1) A birth 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 Director of Vital Statistics 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 birth parent named on a birth registration may apply to the Director of Vital Statistics to file a written no-contact declaration.
(3) When an applicant under subsection (1) or (2) complies with section 67 (a), the Director of Vital Statistics must file the no-contact declaration.
(4) The Director of Vital Statistics 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 birth parent, a brief summary of any available information about the medical and social history of the birth 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 Director of Vital Statistics 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 Director of Vital Statistics.
Section 66 (1), (2) and (6) (b) BEFORE amended by 2011-25-274,275, effective March 18, 2013 (BC Reg 131/2012).
(1) A birth 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 chief executive officer 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 birth parent named on a birth registration may apply to the chief executive officer to file a written no-contact declaration.
(b) in the case of a birth parent, a brief summary of any available information about the medical and social history of the birth parents and their families;
Section 66 BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
No-contact declaration and statement
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 chief executive officer 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 chief executive officer to file a written no-contact declaration.
(3) When an applicant under subsection (1) or (2) complies with section 67 (a), the chief executive officer must file the no-contact declaration.
(4) The chief executive officer 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 chief executive officer 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 chief executive officer.
Section 67 BEFORE amended by 2002-74-38, effective December 19, 2002 (BC Reg 381/2002).
67 A person who applies to the Director of Vital Statistics under this Part must
(a) supply any proof of identity required by that director, and
(b) if the application is for a copy of a record, pay the fee required under the Vital Statistics Act.
Section 67 (a) BEFORE amended by 2004-60-46, effective January 16, 2006 (BC Reg 350/2005).
(a) supply any proof of identity required by that director, and
Section 67 BEFORE amended by 2014-14-134, effective May 29, 2014 (Royal Assent).
Applicant must comply with Vital Statistics Act
67 A person who applies to the chief executive officer under this Part must
(a) supply any proof of identity required by the chief executive officer, and
(b) if the application is for a copy of a record, pay the fee required under the Vital Statistics Act.
Section 68 BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
Contact by the director
68 In compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with or obtain from them any necessary information:
(a) a birth parent;
(b) if the birth parent is not available, a relative of the birth parent;
(c) an adopted person 19 years of age or over.
Section 69 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
69 (1) Any of the following may, in accordance with the regulations, register with the 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 director must notify each of them and disclose the identifying information provided by the other.
Section 70 (1) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(1) The 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
(b) is necessary to enable the director or an adoption agency to locate a person for the purposes of this Act or is necessary for the health or safety of an adopted person.
Section 70 (1) (part) BEFORE amended by 2004-60-35, effective January 16, 2006 (BC Reg 350/2005).
(1) The director has the right to any information that
Section 70 (2), (3) and (4) BEFORE amended by 2004-60-47, effective January 16, 2006 (BC Reg 350/2005).
(2) A public body that has custody or control of information to which the director is entitled under subsection (1) must disclose that information to the director on request.
(3) This section applies despite any other enactment.
(4) If requested by the director of adoption, a director designated under section 91 of the Child, Family and Community Service Act must disclose to the director of adoption any information that
(a) is obtained under that Act, and
(b) is necessary to enable the director of adoption 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.
Section 70 (4) (part) BEFORE amended by 2014-14-15(a), effective May 29, 2014 (Royal Assent).
(4) If requested by a director, a CFCSA director must disclose to the director any information that
Section 70 (5) BEFORE repealed by 2014-14-15(b), effective May 29, 2014 (Royal Assent).
(5) In subsection (4), "CFCSA director" means a director designated under section 91 of the Child, Family and Community Service Act.
Section 70 (1) (b) BEFORE amended by 2021-27-24(a), effective October 28, 2021 (Royal Assent).
(b) is necessary to enable a director or an adoption agency to locate a person for the purposes of this Act or is necessary for the health or safety of an adopted person.
Section 70 (4) (a) and (b) BEFORE amended by 2021-27-24(b), effective October 28, 2021 (Royal Assent).
(a) is obtained under that Act, and
(b) is necessary 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.
Section 71 BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
71 (1) An adult who has obtained a record under section 63 or 64 may apply to the director for assistance in locating any of the following:
(a) if the applicant is an adopted person,
(i) a birth parent of the applicant,
(ii) an adult adopted sibling of the applicant, or
(iii) if a birth parent of the applicant is dead, an adult birth sibling of the applicant;
(b) if the applicant is a birth parent, an adult adopted child of the applicant.
(2) A birth parent who signed a consent to the adoption of a child may apply to the 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 or any predecessor to this Act, any of the following may apply to the 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 birth parent of the deceased,
(b) an adult adopted sibling of the deceased, or
(c) if the deceased's birth parent is dead, an adult birth sibling of the deceased.
(5) After the death of a birth parent whose child, who is an adult, was adopted under this Act or any predecessor to this Act, another adult child of the deceased may apply to the 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 birth 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 director may provide the assistance requested by an applicant under subsections (1) to (6).
(9) If a person located by the director wishes not to be contacted by an applicant, the director must not disclose any information identifying the name or location of the person.
(10) If a person located by the director wishes to be contacted by an applicant, the director may assist them to meet or to communicate.
(11) The 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.
Section 71 (6) BEFORE amended by 2004-60-49, effective January 16, 2006 (BC Reg 350/2005).
(6) An applicant under subsection (5) must provide a copy of the deceased's birth certificate.
Section 71 (1) BEFORE amended by 2007-36-3.3(a), effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-43-19 (BC Reg 55/2009)].
(1) An adult who has obtained a record under section 63 or 64 may apply to the Provincial director for assistance in locating any of the following:
Section 71 (3) and (5) BEFORE amended by 2007-36-3.3(b), effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-43-19 (BC Reg 55/2009)].
(3) After the death of an adult who, as a child, was adopted under this Act or any predecessor to this Act, any of the following may apply to the Provincial director:
(5) After the death of a birth parent whose child, who is an adult, was adopted under this Act or any predecessor to this Act, another adult child of the deceased may apply to the Provincial director for assistance in locating the applicant's adopted birth sibling.
Section 71 (1) (part), (3) (part) and (5) BEFORE amended by 2010-21-4, effective February 1, 2021 (BC Reg 20/2021).
(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 apply to the Provincial director for assistance in locating any of the following:
(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, any of the following may apply to the Provincial director:
(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, another adult child of the deceased may apply to the Provincial director for assistance in locating the applicant's adopted birth sibling.
Section 71 (1) (part), (3) (part) and (5) BEFORE amended by 2022-40-11, effective November 25, 2022 (BC Reg 245/2022).
(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:
(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:
(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.
Section 72 (1) BEFORE amended by 2004-60-35 and 50, effective January 16, 2006 (BC Reg 350/2005).
(1) The director may disclose to an adoption agency any information in the records of the director, including information obtained by the 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 by or under this Act.
Section 72 (1) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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 by or under this Act.
Section 73 BEFORE amended by 2004-60-34 and 51, effective January 16, 2006 (BC Reg 350/2005).
73 Information in the birth fathers' registry and information provided to the director under sections 60, 69, 70 and 71 must not be used or disclosed for any purpose except the purpose for which it was provided.
Section 74 (2) BEFORE amended by 2007-9-128, effective June 21, 2007 (BC Reg 226/2007).
(2) Section 44 (2) and (3) of the Freedom of Information and Protection of Privacy Act applies to this Act.
Part 6, Division 1, sections 74.1 to 74.4, was enacted by 2022-40-12, effective November 25, 2022 (BC Reg 245/2022).
Section 74.1 definitions of "director's duty", "director's power" and "power or duty agreement" were added by 2024-15-1(a), effective April 25, 2024 (Royal Assent).
Section 74.1 definitions of "statutory power" and "statutory power agreement" BEFORE repealed by 2024-15-1(b), effective April 25, 2024 (Royal Assent).
"statutory power" has the same meaning as in section 1 of the Judicial Review Procedure Act, but does not include a power or right conferred by this Act to exercise a statutory power of decision;
"statutory power 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 statutory power under this Act jointly by
(i) the Indigenous governing body, and
(ii) the director, an adoption agency or another decision-maker;
(b) the consent of an Indigenous governing body before the exercise of a statutory power under this Act;
Section 74.2 BEFORE re-enacted by 2024-15-2, effective April 25, 2024 (Royal Assent).
Agreements in relation to the Declaration on the Rights of Indigenous Peoples Act
74.2 (1) For the purposes of this Act, a statutory power agreement may only be entered into in accordance with subsections (2) and (3).
(2) For the purposes of this Act, the Lieutenant Governor in Council may authorize the minister, on behalf of the government, to negotiate and enter into a statutory power agreement with an Indigenous governing body.
(3) Section 7 (2) to (5) of the Declaration on the Rights of Indigenous Peoples Act applies to a statutory power agreement.
(4) A single agreement may contain both a decision-making agreement and a statutory power agreement.
Section 74.4 BEFORE re-enacted by 2024-15-4, effective April 25, 2024 (Royal Assent).
Effect of agreements
74.4 If a decision-making agreement or a statutory power agreement has been entered into,
(a) the statutory power of decision or the statutory power, as applicable, must be exercised in accordance with the agreement,
(b) a reference under this Act to that statutory power of decision or that statutory power is to be read as a reference to the statutory power of decision or the statutory power as made 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 providing consent in relation to, a statutory power of decision or a statutory power in accordance with the agreement;
(ii) terms relating to the criteria or procedures for the exercise of, or consent in relation to, a statutory power of decision or a statutory power in accordance with the agreement.
Part 6, Division 2 heading was enacted by 2022-40-13, effective November 25, 2022 (BC Reg 245/2022).
Section 75 BEFORE re-enacted by 2004-60-52, effective January 16, 2006 (BC Reg 350/2005).
Transfer of care, custody and guardianship
75 (1) The director may, in writing, transfer care and custody of a child or guardianship of a child to the administrator of an adoption agency.
(2) The administrator of an adoption agency may, in writing, transfer care and custody of a child or guardianship of a child to the director or to the administrator of another adoption agency.
Section 75 (2) (part) BEFORE amended by 2014-14-16(b), effective May 29, 2014 (Royal Assent).
(2) Subject to an agreement under section 77.1, the administrator of an adoption agency may, in writing, transfer care and custody of a child or guardianship of a child
Section 76 (c) BEFORE amended by 2004-60-53, effective July 1, 2005 (BC Reg 231/2005).
(c) any other person or persons
Section 76 (a) and (a.2) BEFORE amended by 2022-40-14(a) and (b), effective November 25, 2022 (BC Reg 245/2022).
(a) any Indian band or a legal entity representing an aboriginal community;
Section 76 (a.3) and (a.4) were added by 2022-40-14(c), effective November 25, 2022 (BC Reg 245/2022).
Section 77 (1) BEFORE amended by 2004-60-55, effective January 16, 2006 (BC Reg 350/2005).
(1) Subject to subsections (2) and (3) and the regulations, the director may delegate to any person or class of person any of the director's powers, duties or functions under this Act or the regulations.
Section 77 (3) BEFORE amended by 2004-60-44, effective January 16, 2006 (BC Reg 350/2005).
(3) A delegation of the director's functions as the Central Authority for the purpose of the Convention must be in accordance with the Convention.
Section 77 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(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 or the regulations.
Section 77.2 BEFORE amended by 2017-4-6, effective March 16, 2017 (Royal Assent).
Agreements with caregivers
77.2 A director or an administrator may, by agreement, authorize a caregiver 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.
Section 78 (1) BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
(1) A person authorized by the director may, during regular business hours, do one or more of the following:
Section 79 (a) and (b) BEFORE amended by 2007-14-201,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) a power, duty or function conferred by or under this Act, or
(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred by or under this Act.
Section 79 BEFORE re-enacted by 2022-40-15, effective November 25, 2022 (BC Reg 245/2022).
Protection from liability
79 No person is personally liable for anything done or omitted in good faith in the exercise or performance or intended exercise or performance of
(a) a power, duty or function conferred under this Act, or
(b) a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred under this Act.
Section 80 BEFORE amended by 2004-60-34 and 57, effective January 16, 2006 (BC Reg 350/2005).
80 Subject to the regulations, the director may
(a) provide financial assistance or other assistance to a person who proposes to adopt or who adopts a child placed for adoption by the director, and
(b) review, alter or terminate the assistance provided.
Section 80 (a) (ii) BEFORE amended by 2011-25-276, effective March 18, 2013 (BC Reg 131/2012).
(ii) is a guardian under the Family Relations Act or the Infants Act, of a child who was adopted under this Act, and
Section 81 BEFORE repealed by 2011-25-277, effective March 18, 2013 (BC Reg 131/2012).
References in other Acts
81 If a child is adopted by 2 adults or by one adult who becomes a parent jointly with a birth parent of the child, a reference in another enactment to the father and mother of a child or to the father or mother of a child is to be read in relation to that child as a reference
(a) to the 2 adults who are the child's adoptive parents or to one or other of them, or
(b) to the child's birth parent and the adult who is the parent jointly with the birth parent or to one or other of them.
Section 85 (2) (b) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(b) the publication of a notice authorized by the director;
Section 86 (1) (a) BEFORE amended by 2011-25-265, effective March 18, 2013 (BC Reg 131/2012).
(a) to register on the birth fathers' registry under section 10 or to register under section 60 or 69,
Section 90 BEFORE amended by 2004-60-58, effective January 16, 2006 (BC Reg 350/2005).
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 the director's knowledge.
Section 91 (2) (d) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(d) respecting the efforts to be made by the director or an adoption agency to notify birth parents or other guardians about whether their children have been placed for adoption;
Section 91 (2) (m) BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
(m) governing the disclosure of information by the director under section 71;
Section 91 (2) (n) to (p) BEFORE amended by 2004-60-34, effective January 16, 2006 (BC Reg 350/2005).
(n) authorizing the 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 the director or an adoption agency;
(p) respecting any condition on the director delegating any power, duty or function under this Act or the regulations;
Section 91 (2) (p) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(p) respecting any condition on a director delegating any power, duty or function under this Act or the regulations;
Section 91 (2) (b) BEFORE amended by 2007-36-5, effective April 3, 2009 (BC Reg 55/2009).
(b) designating representatives of the Nisg̱a'a Lisims Government, Indian bands and aboriginal communities;
Section 91 (2) (d) and (r) BEFORE amended by 2011-25-278, effective March 18, 2013 (BC Reg 131/2012).
(d) respecting the efforts to be made by a director or an adoption agency to notify birth parents or other guardians about whether their children have been placed for adoption;
(r) allowing prospective adoptive parents to pay expenses of birth parents and specifying the types of expenses and limiting the amounts of those expenses;
Section 91 (2) (s) and (t) BEFORE amended by 2019-40-1, effective November 28, 2019 (Royal Assent).
(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);
Section 91 (2) (b) BEFORE amended by 2022-40-16, effective November 25, 2022 (BC Reg 245/2022).
(b) designating representatives of the Nisg̱a'a Lisims Government, treaty first nations, Indian bands and aboriginal communities;
Section 92 (1) (e) and (g) BEFORE amended by 2004-60-43, effective January 16, 2006 (BC Reg 350/2005).
(e) respecting the information, documents and reports adoption agencies are required to submit to the director, the frequency of the submissions and the inspection of the information, documents and reports by the director or other person designated by the regulations;
(g) respecting the surrender of records, accounts or other documents and information by adoption agencies to the director;
Section 92 (2) BEFORE amended by 2015-18-253, effective November 28, 2016 (BC Reg 216/2015).
(2) If a regulation made under subsection (1) (b) conflicts with a provision of the Society Act, the regulation prevails.
Section 93 (e) BEFORE amended by 2011-25-265, effective March 18, 2013 (BC Reg 131/2012).
(e) respecting the administration, management and operation of the birth fathers' registry.
Section 95 (1) and (2) BEFORE amended by 2011-25-263, effective March 18, 2013 (BC Reg 131/2012).
(1) If, before the repeal of the former Adoption Act, a child was placed for adoption by the director or a birth 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 birth 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.