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Adoption is a profound journey that can bring immense joy and transformation to families. In Saskatchewan, one pathway to adoption is through independent adoption, where adoptive parents and birth parents work together—often with legal and professional guidance—outside of the public child welfare system.
At Panko Collaborative Law & Mediation, we guide families through the legal and emotional aspects of this process with care and clarity. Here’s what you need to know about independent adoption in Saskatchewan.
What Is Independent Adoption?
Independent adoption involves prospective adoptive parents working directly with birth parents to arrange an adoption. While it allows for more direct involvement between parties, it also requires careful legal oversight to ensure the process is valid, ethical, and in the best interests of the child.
This route is often chosen by families with an existing relationship with the birth parent, such as a relative, friend, or private connection.
Step-by-Step Overview of the Adoption Process in Saskatchewan
Each adoption is unique, but the following steps provide a general outline of what to expect:
1. Consult a Family Lawyer
Early legal advice is essential. A family lawyer in Saskatoon can help you understand your rights and responsibilities, ensure legal compliance, and support you throughout the process.
2. Birth Parent Consent
Consent is a foundational requirement in independent adoption. Birth parents must formally consent to the adoption. If consent is not possible, a court application may be made to dispense with consent. If consent is denied from either biological parent, then the adoptive application cannot be submitted, and you may have to proceed with a court application. Please reach out to a lawyer to discuss this further.
If both biological parents consent to the adoption, they will need to connect with the Ministry of Social Services which will guide them through their own process and the biological parents may obtain their own independent legal advice.
Note: Children over the age of 12 must also provide their consent to the adoption. This consent is typically obtained with the help of a lawyer and must be supported with a Certificate of Independent Legal Advice.
3. Mutual Family Assessment (MFA)
Adoptive applicants must undergo a Mutual Family Assessment (home study), conducted by an independent practitioner. This process typically takes 4–6 months and involves interviews, background checks, and home visits to assess the readiness and suitability of the adoptive home.
As part of the MFA, adoptive applicants are also required to complete PRIDE Pre-Service Training which is comprised of 1-9 online modules. Each adoptive applicant must complete their own modules. It typically takes about 30 hours to complete, however it can be done at your own pace. The independent practitioner will assist you with registering for the training modules.
4. Gather Required Documentation
You’ll need to compile various original documents, including:
- Completed home study
- Birth parent consents
- Background checks
- Supporting legal forms
These are submitted to the Director of Adoption Services at the Ministry of Social Services.
5. Ministry Review
The Ministry will:
- Review all documents
- Conduct system and revocation checks
- Issue a Certificate of Non-Revocation
- Issue formal acknowledgment of submission
Once approved, documents are returned to you or your lawyer.
What If Consent Is Not Available?
In cases where birth parent consent is not provided or is unobtainable, you can apply to the court to dispense with consent. This requires legal representation and may involve additional steps, including mediation or a contested hearing.
Final Steps: Court Application and Adoption Order
Once the required documents and consents are in place:
- Your lawyer will submit a court application for adoption.
- The court will review the application and, if satisfied, will issue an Order of Adoption.
This legally finalizes the adoption and establishes your rights and responsibilities as the child’s legal parent(s).
Support Throughout the Process
Independent adoption can be complex, but you’re not alone. The Ministry of Social Services provides support throughout the process, and our team at Panko Collaborative Law & Mediation is here to offer legal, emotional, and procedural guidance.
Final Thoughts
Adoption is an act of love, courage, and commitment. If you’re exploring independent adoption in Saskatchewan, we encourage you to consult with experienced legal professionals who can help you understand the steps, complete the required documentation, and navigate any legal complexities that arise.
Need help getting started?
We offer a free discovery call with our Client Experience Manager to answer your questions before booking an initial consultation.
Call us at (306) 975-7151 or send us an email to learn how we can support your family.
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