The Adoption Regulation under the Child and Youth Well-Being Act establishes processes and requirements for adoption, ensuring that the welfare of children and youth is prioritized. Formally known as the Adoption Regulation – Child and Youth Well-Being Act, this regulation is governed by Section 153 of the Act and aims to create a structured framework for adoption processes, promoting the well-being of children and youth in need of permanent homes.

Several key terms are defined within the regulation to facilitate its application. The “Act” refers to the Child and Youth Well-Being Act, while an “Applicant” is identified as an individual applying to adopt under subsection 82(1) of the Act. The “List of Approved Applicants” constitutes a registry of individuals who have received approval to adopt, and “Siblings” refers to two or more children sharing the same parent(s) or having a significant relationship while having lived together.

To ensure the safety and well-being of children, the regulation mandates specific checks that must be conducted. Criminal record checks are required for all members of the applicant’s household aged 19 or older, verifying that no criminal history exists that could jeopardize the child’s safety. Vulnerable sector checks are also compulsory, requiring the consent of the individuals involved. Additionally, social development checks involve inquiries to assess the applicant’s suitability based on their history with the Department of Social Development. The regulation prescribes specific offenses detailed in Schedules A, B, C, and D, which influence the approval process, including distinct provisions for kin seeking to adopt a child or youth.

For those wishing to adopt an adult, the regulation outlines specific requirements. Applicants must submit a completed application and a copy of their birth certificate for age verification. Upon successful review, the Minister will issue a notice of approval or refusal and ensure that the applicant’s name is added to the list of approved applicants. Furthermore, support may be provided for individuals adopting adults who were previously under guardianship and are under 26 years of age.

Prospective adoptive parents applying to adopt a child or youth must furnish several documents, including a completed application, a birth certificate, a medical report confirming good health and fitness to adopt, and a statement of income and resources that demonstrates their capability to support a child or youth. They are also required to provide at least three non-relative references attesting to their stability and supportiveness, along with reports from the necessary checks previously mentioned. Certain applicants, such as kinship caregivers, may be exempt from some requirements (e.g., medical reports) due to their prior relationship with the child or youth.

To gain approval, applicants must demonstrate a genuine desire and capacity to parent effectively, successfully complete Minister-approved training for prospective adoptive parents, and comply with safety standards that include home visits and living conditions.

New Brunswick (2024-5) January 26, 2024