Adoption Act

(1) In this Act,

"adopted person" means a person adopted under this Act; (adopté)

"adoption", when used in reference to an adoption under this Act, means a step-parent adoption, a private adoption or a departmental adoption; (adoption)

"Adoption Register" means the Adoption Register referred to in paragraph 50(1)(a); (registre des adoptions)

"Adoption Registry" means the Adoption Registry established under subsection 50(1); (bureau d’enregistrement des adoptions)

"Adoption Worker" means an Adoption Worker appointed under subsection 70(1); (préposé à l’adoption)

"child" means a person who has not attained the age of majority; (enfant)

"court" means the Supreme Court; (tribunal)

"departmental adoption" means an adoption under this Act of a child who has been placed in the permanent custody of the Director of Child and Family Services under the Child and Family Services Act; (adoption administrative)

"Director" means the Director of Adoptions or the Deputy Director of Adoptions appointed under subsection 69(1); (directeur)

"Director of Child and Family Services" means the Director of Child and Family Services appointed under the Child and Family Services Act; (directeur des services à l’enfance et à la famille)

"family union report" means a report prepared in accordance with subsection 8(1) or 19(1) after the placement of a child for adoption; (rapport sur l’union familiale)

"parent", when used in reference to a child, means, subject to subsections (2) and (3), each of

"personal history" means the information collected by an Adoption Worker respecting a person who is or who must be named in the Adoption Register; (antécédents)

"petition" means a petition to adopt a child under this Act; (requête d’adoption)

"petitioner" means a person who petitions to adopt a child under this Act; (requérant)

"pre-placement report" means

"private adoption" means an adoption under this Act where a parent places his or her child for adoption, but does not include a step-parent adoption; (adoption privée)

"Registrar" means the Registrar of the Adoption Registry or the Deputy Registrar of the Adoption Registry appointed under subsection 51(1); (registraire)

"Registrar General" means the Registrar General of Vital Statistics appointed under the Vital Statistics Act; (registraire général)

"registry information" means information that is deposited with the Adoption Registry; (renseignements déposés)

"relative" means, in respect of a child,

"spouse" means a person who

"step-parent adoption" means an adoption under this Act by one spouse where the child is the child of the other spouse. (adoption par le conjoint)

(2) A reference to a parent in the following provisions shall be construed as not including a person who has lawful custody of a child:

(3) A reference to a parent in the following expressions shall be construed as a reference to the ordinary meaning of that term:

SNWT 2000,c.13,s.2; SNWT 2002,c.6,s.1.

(1) Subject to subsection (2), the following persons may petition to adopt a child under this Act:

(2) Each person who petitions to adopt a child under this Act must be ordinarily resident in the Northwest Territories. SNWT 2010,c.16,Sch.A, s.1(2).

(1) No person shall receive a child for the purpose of a private adoption unless the person is entitled to petition to adopt a child under this Act and

(2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000, to imprisonment for a term not exceeding one year or to both.

(3) The notice of a proposed placement required by subparagraph (1)(b)(i) must be given no later than 45 days before the date on which the proposed placement is to occur, unless the Director agrees otherwise, and must be accompanied by the prescribed fee, if any, for the preparation of a pre-placement report.

(4) The Director shall give any notice of a proposed placement received by the Director to an Adoption Worker.

(5) On receiving a notice of a proposed placement, an Adoption Worker shall, without delay, and within 45 days after the notice of the proposed placement was given or such shorter period of time as the Director may have agreed to,

(6) Subsections 7(4) and (5) apply to the preparation of a pre-placement report under paragraph (5)(a).

(7) On receiving the pre-placement report and notice of the proposed placement from the Adoption Worker, the Director shall, without delay,

(1) A person who wishes to obtain the Director’s written approval of the proposed placement of a child with that person must make an application, in accordance with this Act and the regulations, and submit the application together with the prescribed fee, if any, to

(2) The application and prescribed fee, if any, must be submitted no later than 45 days before the date on which the proposed placement is to occur, unless the Director agrees otherwise.

(3) On the referral or receipt of an application submitted in accordance with this section, an Adoption Worker shall, without delay,

(4) Where a child who is to be placed has attained the age of 12 years, an Adoption Worker or an authorized person referred to in paragraph (3)(a) shall, when preparing the pre-placement report,

(5) Where the child to be placed is less than the age of 12 years, if it is reasonable to do so, an Adoption Worker or an authorized person referred to in paragraph (3)(a) shall, when preparing the pre- placement report,

(6) On receiving the application and pre- placement report from the Adoption Worker, the Director shall, without delay, review those documents, conduct any consultation required by subsection (7) and make a decision on the proposed placement within either 45 days after the submission of the application in accordance with this section or such shorter period of time as the Director may have agreed to.

(7) Subject to subsection (8), where the Director has reason to believe that the child who is to be placed is or will be an aboriginal child, the Director shall, before making a decision in respect of the proposed placement, consult with the aboriginal organization that would be the applicable aboriginal organization in respect of the child in the circumstances described in section 25 of the Child and Family Services Act.

(8) The Director shall not consult in accordance with subsection (7) without the consent of

(9) On reviewing the application and pre- placement report and completing any consultation required by subsection (7), the Director shall approve the proposed placement and shall, without delay, issue a written approval to the applicant or, in the case of a joint application, to each applicant, where the Director considers that

(10) Where, on reviewing the application and pre- placement report and completing any consultation required by subsection (7), the Director considers that

the Director shall refuse to approve the proposed placement and shall, without delay, give written notice of and written reasons for the refusal to the applicant or joint applicants, as the case may be, and to the person who wishes to place the child.

(10.1) The Director may withdraw an approval given under subsection (9) if, before the child is placed with the applicant or joint applicants, the Director receives information that causes him or her to consider that

(10.2) On withdrawing his or her approval of a placement, the Director shall, without delay, give written notice of and written reasons for the withdrawal to the applicant or joint applicants, as the case may be, and the person who wishes to place the child.

(11) Where a proposed placement is not approved by the Director or where the Director has withdrawn his or her approval of a proposed placement, the applicant or joint applicants, as the case may be, may, within 30 days after receiving the notice under subsection (10) or (10.2), apply to the Minister, in accordance with the regulations, for a review of the decision of the Director.

(12) On receiving an application for a review made under subsection (11), the Minister shall, without delay, designate a person or persons who do not work in the department of the Government of the Northwest Territories that administers this Act to review the decision of the Director.

(13) The designated person or persons shall, within 30 days after the day the Minister received the application for review, conduct the review in accordance with the procedure set out in the regulations and make any inquiries that the designated person or persons consider necessary.

(14) At the conclusion of the review, the designated person or persons shall

(15) The designated person or persons shall, without delay, give written notice of the decision under subsection (14).

(16) The decision of the designated person or persons under subsection (14) is final and written approval issued under that subsection shall be deemed to be, for the purposes of paragraph 6(1)(a), a written approval of the Director. SNWT 2000,c.13,s.3.

(1) After a petition in respect of a private or step-parent adoption has been filed, an Adoption Worker shall, on the request of the petitioner and on the payment of the prescribed fee, if any,

(2) On reviewing a family union report, the Director shall

(1) Where a child is placed, for the purpose of a private adoption, with a petitioner or a person who intends to petition, the petitioner or person who intends to petition has the rights and responsibilities of a parent in respect of the person of the child from the time of placement until

(2) For the purposes of subsection (1), the rights of a parent in respect of the person of the child means those rights in relation only to the following:

(1) In the case of a private or step-parent adoption, no adoption order shall be made without the consent of the parent of the child to be adopted, except as provided in section 13.

(2) A parent who has not attained the age of majority may consent to the adoption of his or her child.

(3) A parent may not consent to the adoption of his or her child until the expiration of 10 days after the birth of the child.

(1) Before the earlier of the making of the adoption order and the expiration of 30 days after the day on which his or her consent was given, a parent may revoke his or her consent by providing

(2) On the request of a parent, an Adoption Worker shall assist the parent in preparing a revocation under subsection (1) and in providing the revocation to the Director.

(3) In the case of a private adoption, where the Director receives a revocation under paragraph (1)(a) from a parent of the child to be adopted, the Director shall, without delay, give notice in writing of the revocation to

(4) In the case of a private adoption where a parent revokes his or her consent in accordance with subsection (1) and section 26, the child shall remain with the person with whom the child has been placed by a parent unless the court, on an application by a parent, the Director of Child and Family Services or the person with whom the child has been placed by a parent, orders otherwise.

(5) Where a parent does not revoke his or her consent in accordance with subsection (1) and section 26, the consent becomes irrevocable on the earlier of the making of the adoption order and the expiration of 30 days after the day on which it is given.

(1) Where the consent of a parent is not produced at the hearing of a petition or where a parent has revoked his or her consent, the court may order notice of the petition to be served on the parent and the court may dispense with the consent of the parent in the following circumstances where the court considers that it is in the best interests of the child to do so:

(2) For the purposes of paragraph (1)(a), a parent shall be presumed to have demonstrated the intent to forego the rights and responsibilities of a parent in respect of the person of the child where the parent

SNWT 2023,c.7,s.2(2).

Departmental Adoptions

Notice of Order or Application for Permanent Custody SNWT 2000,c.13,s.5.

(1) The Director of Child and Family Services shall notify the Director of Adoptions in writing of

(2) On receiving the notice referred to in subsection (1), the Director shall advise an Adoption Worker of the order or application and direct the Adoption Worker to perform the duties set out in sections 56 and 57. SNWT 2000,c.13,s.5.

(1) A person referred to in section 5 who wishes to adopt a child through a departmental adoption must make an application in accordance with this Act and the regulations and submit the application, together with the prescribed fee, if any, to

(2) An Adoption Worker shall

(1) Where, on reviewing an application and pre-placement report, the Director considers that the applicant or, in the case of a joint application, each joint applicant, is suitable to be an adoptive parent, the Director shall approve the applicant.

(2) Where, on reviewing an application and pre- placement report, the Director considers that the applicant or, in the case of a joint application, one or both joint applicants, is not suitable to be an adoptive parent, the Director shall, without delay, notify the applicant in writing that the applicant has not been approved and provide written reasons for not approving the applicant.

(2.1) The Director may withdraw an approval given under subsection (1) if, before a child is placed with the applicant or joint applicants, the Director receives information that causes him or her to consider that the applicant or one or both joint applicants, as the case may be, is not suitable to be an adoptive parent.

(2.2) On withdrawing his or her approval of an applicant, the Director shall, without delay, give written notice of and written reasons for the withdrawal to the applicant or joint applicants, as the case may be.

(3) Where an applicant or joint applicants have not been approved by the Director or where the Director has withdrawn his or her approval of an applicant or joint applicants, the applicant or joint applicants, as the case may be, may, within 30 days after receiving the notice under subsection (2) or (2.2), apply to the Minister, in accordance with the regulations, for a review of the decision of the Director.

(4) On receiving an application for a review made under subsection (3), the Minister shall, without delay, designate a person or persons who do not work in the department of the Government of the Northwest Territories that administers this Act to review the decision of the Director.

(5) The designated person or persons shall, within 30 days after the day the Minister received the application for review, conduct the review in accordance with the procedure set out in the regulations and make any inquiries that the designated person or persons consider necessary.

(6) At the conclusion of the review, the designated person or persons shall

(7) The designated person or persons shall, without delay, give written notice of the decision under subsection (6).

(8) The decision of the designated person or persons under subsection (6) is final. SNWT 2000, c.13,s.6.

(1) The Director may, in accordance with the regulations, arrange for the provision of financial assistance or other assistance authorized by the regulations to an applicant where the Director is satisfied that

(2) The decision to provide assistance must be made before an adoption order is made.

(3) The assistance may be provided before and after the adoption order is made.

(4) The Director may review, vary or terminate the assistance in accordance with the regulations.

(5) Where the Director decides to vary or terminate the assistance provided under this section, the applicant or adoptive parent of the child may apply to the Minister, in accordance with and within the time period set out in the regulations, to review the decision of the Director.

(6) The Minister shall conduct a review in accordance with procedures set out in the regulations and may make any inquiries that the Minister considers necessary, and may affirm, set aside or vary the decision of the Director, and the decision of the Minister is final.

(1) The Director shall maintain a list of applicants approved under subsections 16(1) and (6) for a departmental adoption.

(2) The Director shall place a child, in accordance with the regulations, with an applicant on the list of approved applicants and when placing a child the Director shall put the best interests of the child above all other considerations.

(3) The Director shall not, under this section, place a child who has attained the age of 12 years unless

(4) The Director shall not, under this section, place a child who is less than the age 12 years unless, where it is reasonable to do so,

(5) Where a parent requests that his or her child be placed with a particular person, the Director shall advise that person that he or she must make an application under subsection 15(1) if he or she wishes to apply to adopt the child, and if that person is approved under subsection 16(1) by the Director or under subsection 16(6) by the person or persons designated by the Minister, the Director shall consider the application of that person when placing the child.

(6) Subject to subsection (7), where the Director has reason to believe that a child may be an aboriginal child, the Director shall, before placing the child with an approved applicant, consult with the aboriginal organization that would be the applicable aboriginal organization in respect of the child in the circumstances described in section 25 of the Child and Family Services Act.

(7) The Director shall not consult in accordance with subsection (6) without the consent of

SNWT 2000,c.13,s.7.

(1) After a petition in respect to a departmental adoption has been filed, an Adoption Worker shall, on the request of the petitioner and on the payment of the prescribed fee, if any,

(2) On reviewing a family union report, the Director shall

(1) Where a child is placed with an applicant, the applicant has the rights and responsibilities of a parent in respect of the person of the child from the time of placement until

(2) For the purposes of subsection (1), the rights of a parent in respect of the person of the child means those rights in relation only to the following:

(1) The Director of Child and Family Services may revoke his or her consent at any time before the adoption order is made and shall, without delay, provide the revocation to the person with whom the Director placed the child.

(2) The Director of Child and Family Services must, in a revocation, set out the reasons for revoking his or her consent.

(3) The person with whom the child has been placed shall, within 20 days after receiving the revocation of the Director, return the child to the Director.

(4) On application to the court by the Director or by the person with whom the child has been placed by the Director, the court may reduce or increase the 20-day period referred to in subsection (3) where the court considers that it is in the best interests of the child to do so. SNWT 2023,c.7,s.2(2).

(1) Except as provided in section 25, no adoption order in respect of a child who has attained the age of 12 years shall be made without the consent of the child.

(2) Before a child consents to an adoption, the Director or an Adoption Worker shall explain to the child

(1) A child may revoke his or her consent at any time before an adoption order is made and shall, without delay, provide the revocation to

(2) On the request of a child, an Adoption Worker shall assist the child in preparing a revocation under subsection (1) and in providing the revocation to the Director.

(3) The Director shall provide a copy of a revocation received under this section to the Director of Child and Family Services.

(1) Where a child has not given the consent referred to in subsection 23(1) or has revoked that consent, the court may interview the child before or during the hearing of the petition to determine the reasons why that consent was not given or was revoked, as the case may be, and the interview shall be recorded.

(2) The consent of a child referred to in subsection 23(1) is not required where at the hearing of the petition, the court considers that it is in the best interests of the child to dispense with the consent of the child.

(1) A consent or a revocation of a consent to an adoption must be

(2) A consent or a revocation of a consent of a person residing outside the Northwest Territories to the adoption of a child from outside the Territories is a valid consent or revocation in the Territories if the consent or revocation complies with the laws of the jurisdiction in which the person resides when the consent was given or the revocation was made, and is admissible in evidence as if it were a consent or revocation given or made under this Act.

(3) Notwithstanding paragraph (1)(b), an affidavit of execution is not required for a consent or a revocation of a consent referred to in subsection (2) if it is not required by the law of the jurisdiction referred to in subsection (2). SNWT 2000,c.13,s.8; SNWT 2010,c.16,Sch.A,s.1(4).

(1) An application for an adoption order shall be made by petition to the court.

(2) Before a petition is heard, the following must be filed in support of it:

(3) The petition must, in respect of the suitability of the petitioner to be an adoptive parent or, in the case of a joint petition, of each joint petitioner to be an adoptive parent, be further supported by affidavits of persons who are acceptable to the Director and by any other material that the Director may require.

(4) Where an agreement or arrangement exists by which consideration is passing to or from a petitioner in respect of the adoption of a child, the petitioner shall disclose the existence of the agreement in the petition and shall set out the terms of the agreement or arrangement in his or her affidavit, and any document relating to the agreement or arrangement must be made an exhibit to the affidavit.

(5) An agreement or arrangement referred to in subsection (4) does not include one for

(6) A petition and the material to be used in connection with the petition must be filed in the office of the Clerk of the Supreme Court. SNWT 2000, c.13,s.9.

(1) A person referred to in section 5 may, in accordance with this Act, petition to adopt a person who has attained the age of majority.

(2) The provisions of this Act respecting the adoption of a child apply, with such modifications as the circumstances require, to the adoption of a person who has attained the age of majority.

(3) Notwithstanding any other provision of this Act, the only consent required for an adoption referred to in this section is the consent of the person being adopted.

(4) Notwithstanding subsection 27(2), unless the court orders otherwise, the family union report and affidavit of the Director referred to in that subsection need not be prepared for an adoption referred to in this section.

(5) Notwithstanding subsection 27(3), the petition must, in respect of the suitability of the petitioner to be an adoptive parent or, in the case of a joint petition, of each joint petitioner to be an adoptive parent, be further supported by affidavits of persons who are acceptable to the court and by any other material that the court may require. SNWT 2000,c.13,s.10.

(1) In the case of a departmental adoption, the court shall not make an adoption order unless the Director certifies, by affidavit, that the petitioner or, in the case of a joint petition, each joint petitioner, is, in the opinion of the Director, a person who is suitable to be an adoptive parent and, subject to subsection (2), that

(2) Where a petitioner is not a petitioner described in paragraph (1)(a) or (b), the court may, where the court considers that there are proper or sufficient reasons for so doing, make an adoption order notwithstanding the absence of an affidavit complying with paragraph (1)(a) or (b). SNWT 2010,c.16, Sch.A,s.1(2).

(1) The court may, on hearing a petition, make an adoption order where the court is satisfied that

(2) An adoption order in respect of a child who is less than 12 years of age shall not be made unless, where it is reasonable to do so, the court has inquired into and considered

(3) An adoption order in respect of a person who has attained the age of majority shall not be made unless the court is satisfied that

(4) An adoption order must

SNWT 2000,c.13,s.11; SNWT 2016,c.12,s.10(2).

(1) Where an adoption order is made, the given name and surname, or single name, of the adopted child shall be the given name and surname, or single name, provided in the petition.

(2) Where the petitioner is a surviving spouse and before the death of the spouse of the petitioner, the child being adopted was in the care of the petitioner and the deceased spouse, the court may, on the request of the petitioner, name both the petitioner and the deceased spouse as the adoptive parents of the child in the adoption order. SNWT 2016,c.12,s.10(3).

(1) In the case of a private adoption or a step-parent adoption, where the court considers that it is in the best interests of the child to do so, the court may, at the time of making the adoption order, make a further order granting a person who is a parent of the child before the adoption order is made access to the child after the adoption order is made on the terms and conditions that the court considers appropriate.

(2) In the case of a departmental adoption, where a provision granting access to the child was made in the order placing the child in the permanent custody of the Director of Child and Family Services, the court shall review the provision and where the court considers that it is in the best interests of the child to do so, the court may, at the time of making the adoption order, make a further order granting any or all persons who were granted access to the child under the order placing the child in the permanent custody of the Director of Child and Family Services access to the child after the adoption order is made on the terms and conditions that the court considers appropriate.

(3) In the case of an adoption due to the death of a child’s parents, the court may, at the time of making the adoption order, make a further order granting those persons who are members of the child’s family and extended family, or any of them, before the adoption order is made access to the child after the adoption order is made on the terms and conditions that the court considers appropriate.

(1) For all purposes, as of the date of the making of an adoption order,

(2) Paragraph (1)(b) does not apply to the person who was both a parent of the adopted child before the adoption order was made and the spouse of the adoptive parent.

(3) The relationship to one another of all persons, whether the adopted child, the adoptive parent, the kindred of the adoptive parent, the parent before the adoption order was made, the kindred of that former parent or any other person, shall for all purposes be determined in accordance with subsections (1) and (2).

(1) Subsections 37(1) and (3), except the reference to subsection (2) in subsection 37(3), apply and shall be deemed to have always applied with respect to any adoption made under any predecessor Act, but not so as to affect any interest in property or right that has vested before June 1, 1970.

(2) Notwithstanding subsection (1), section 37 does not apply to the will of a testator who died before or to any other instrument made before October 15, 1940.

(1) Where an agreement or arrangement, or any term of an agreement or arrangement, referred to in subsection 27(4), was not disclosed in the petition, the Director may apply to the court to review the agreement or arrangement.

(2) The Director must serve a copy of the originating notice commencing the application under subsection (1) and the affidavit in support of the application on the adoptive parent and on any other party to the agreement or arrangement.

(3) On reviewing the agreement or arrangement in an application under subsection (1), the court may, where the court considers that it is in the best interests of the child to do so, make an order

(4) Where the modifications referred to in paragraph (3)(b) are not made within the time specified by the court or within any extension of time that the court may allow, the court may, where the court considers that it is in the best interests of the child to do so, make a further order declaring the adoption order void ab initio.

(5) The court may request an Adoption Worker to prepare a report on the arrangement or agreement or the adoption for the purpose of making an order under subsection (3).

(1) After an adoption order is made in respect of a departmental adoption, the Director may, on application, arrange, in accordance with the regulations, for the provision of financial assistance or other assistance authorized by the regulations to the child’s adoptive parent, where Director is satisfied that

(2) The Director may review, vary or terminate the assistance in accordance with the regulations.

(3) Where the Director decides to vary or terminate the assistance provided to a child under this section, the adoptive parent of the child may apply to the Minister, in accordance with the regulations, to review the decision of the Director.

(4) The Minister shall conduct a review in accordance with the procedures set out in the regulations and may make any inquiries that the Minister considers necessary, and may affirm, set aside or vary the decision of the Director, and the decision of the Minister is final. SNWT 2000,c.13,s.12.

(1) No person shall place outside the Northwest Territories, for the purpose of adoption, a child who is ordinarily resident in the Territories unless the person has

(2) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000, to imprisonment for a term not exceeding one year or to both.

(3) The notice of a proposed placement required by paragraph (1)(b) must be given no later than 30 days before the date on which the proposed placement is to occur, unless the Director agrees otherwise.

(4) An Adoption Worker shall, without delay, forward any notice of a proposed placement that is received under this section to the Director.

(5) On receiving a notice of a proposed placement the Director shall provide a copy to the Director of Child and Family Services and the appropriate official of the jurisdiction within which the child is to be placed. SNWT 2010,c.16, Sch.A, s.1(7).

(1) A person who wishes to obtain the Director’s written approval of the proposed placement outside the Northwest Territories of a child referred to in subsection 42(1) must make an application, in accordance with this Act and the regulations, and submit the application to the Director or to an Adoption Worker who shall refer it to the Director.

(2) The application must be supported by a pre- placement report on the person or, in the case of a joint placement, on each person with whom it is proposed to place the child that

(3) The application and pre-placement report must be submitted or received no later than 30 days before the date on which the proposed placement is to occur, unless the Director agrees otherwise.

(4) Before the Director makes a decision in respect of the proposed placement, an Adoption Worker shall

(5) On receiving the application and pre-placement report, the Director shall, without delay, review those documents and the report referred to in paragraph (4)(b), conduct any consultation required by subsection (6) and make a decision on the proposed placement within 30 days after the submission of the application in accordance with this section or such shorter period of time as the Director may have agreed to.

(6) Subsections 7(7) to (16) apply, with such changes as the circumstances require, to an application for the Director’s approval of a proposed placement under this section. SNWT 2010,c.16,Sch.A,s.1(2).

(1) A child who is in the permanent custody of the Director of Child and Family Services may be placed by the Director, on application and in accordance with the regulations, outside the Northwest Territories for the purpose of adoption under the laws of another jurisdiction and, subject to this section, sections 16 and 18 apply to the application and placement, with such modifications as the circumstances require.

(2) The Director shall not consider an application referred to in subsection (1) unless it is made in accordance with the regulations and the Director has received a pre-placement report concerning the applicant, or applicants, as the case may be, that

(3) The Director may only place a child outside the Northwest Territories for the purpose of adoption with an approved applicant if it is in the best interests of the child to do so, and before making that decision the Director shall first consider placing the child with each of the applicants who are approved for the purposes of a departmental adoption under this Act. SNWT 2010,c.16,Sch.A,s.1(2).

(1) Where an adoption order is made, the Clerk of the Supreme Court shall make and send

(2) After the certified and other copies of the documents referred to in subsection (1) are made, the Clerk of the Supreme Court shall put the petition, the material used in connection with the petition and the adoption order in a sealed packet.

(3) On the request of an adoptive parent or an adopted person, and on payment of any prescribed fee, the Registrar shall request a certified copy of the adoption order from the Clerk of the Supreme Court who shall make and send a certified copy of the adoption order to the Registrar, and the Registrar shall provide it to the parent or person.

(4) The Registrar may, in writing, request any information or a copy of any document or material contained in a sealed packet from the Clerk of the Supreme Court who shall, subject to section 46, send it to the Registrar, and the Registrar shall deposit it in the Adoption Registry upon receipt.

(5) No person shall open a sealed packet and no person shall make public or disclose any document, material or information contained in the packet to any person except on the order of the court or otherwise in accordance with this Act.

(6) Every person who contravenes subsection (5) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding six months or to both. SNWT 2000,c.13,s.13; SNWT 2010, c.16,Sch.A,s.1(2).

(1) Where the court has made an order requiring a document or material to be treated as confidential and sealed, the Clerk of the Supreme Court shall not

(2) The Clerk of the Supreme Court shall give written notice of any order referred to in subsection (1)

SNWT 2000,c.13,s.13.

(1) As soon as possible after receiving the certified copies of documents and material from the Clerk of the Supreme Court under paragraph 45(1)(a), the Director shall deposit with the Adoption Registry either

(2) The records referred to in subsection (1) are the documents and material received under paragraph 45(1)(a), any notice received under paragraph 46(2)(a), all personal histories completed before the adoption order was made and any records, documents and information that are required to be included by the regulations.

(3) Where, under subsection (1), the Director has deposited reproductions made in the prescribed manner of his or her records relating to an adopted person, the Director may destroy all or part of the records from which the reproductions were made.

(4) The Director shall place with the Adoption Registry the records and microfilm of the records of the Superintendent of Child Welfare referred to in subsections 104(1) and (2) of the Child Welfare Act, R.SNWT 1988, c. C-6, relating to an adoption made under that or any predecessor Act,

SNWT 2000,c.13,s.13.

(1) The Minister shall establish an Adoption Registry for the purpose of

(2) Notwithstanding the provisions in the Access to Information and Protection of Privacy Act allowing disclosure of personal information as defined in that Act, registry information and the records and microfilm of the records placed with the Adoption Registry under subsection 48(4) shall not be made public or disclosed to any person except

(3) Registry information and the records and the microfilm of records placed with the Adoption Registry under subsection 48(4) relating to an adoption must be retained for a minimum of 119 years after the day on which the adopted person was born. SNWT 2000,c.13,s.14.

(1) The Minister shall appoint a Registrar of the Adoption Registry and may appoint a Deputy Registrar of the Adoption Registry to carry out the duties and exercise the powers of the Registrar under this Act.

(2) The Registrar

(3) The Registrar may have registry information reproduced in any prescribed manner and may, after it is reproduced, destroy all or part of the information as originally deposited. SNWT 2000,c.13,s.15.

(1) The following persons must be named in the Adoption Register in respect of any adoption unless the Adoption Worker is unable to identify them:

(2) A person who is a person referred to in paragraphs (1)(b) to (e) and has not been named in the Adoption Register in respect of an adoption, or a grandparent referred to in paragraphs (1)(b) to (d) who has not completed a personal history, may in writing request the Registrar to be named in the Adoption Register or, if that person has not attained the age of 12 years, his or her parent may make the request on his or her behalf, and the Registrar shall name that person in the Adoption Register.

(3) A parent referred to in paragraphs (1)(b) to (e) may notify the Registrar in writing of any child born to or adopted by the parent after an adoption order is made or that child may notify the Registrar, if the child has attained the age of 12 years, and the Registrar shall name the child in the Adoption Register.

(4) A person who is related by blood or through adoption to a person referred to in paragraphs (1)(b) to

(1) In this section, "relevant persons" means

(2) During the preparation of a family union report or, in the case of the adoption of a person who has attained the age of majority, before the petition is presented to the court, an Adoption Worker shall endeavour to meet with each of the relevant persons and

(2.1) When meeting with a relevant person under subsection (2) who is a parent, natural parent or former adoptive parent of the child to be adopted, the Adoption Worker shall encourage him or her to identify any parent, natural parent or former adoptive parent of the child who is unknown to the Adoption Worker.

(3) When meeting with a relevant person under subsection (2) who is a parent, natural parent or former adoptive parent of the child to be adopted, or the petitioner or person who intends to petition, the Adoption Worker shall encourage him or her to

(1) In this section, "grandparent" means the parent of the parent, natural parent or former adoptive parent of a child to be adopted.

(2) Subject to this section, an Adoption Worker shall, in accordance with the regulations, endeavour to complete a personal history of

(3) An Adoption Worker must, in accordance with the regulations, obtain the written consent of a person to the completion of his or her personal history.

(4) A parent, natural parent or former adoptive parent of the child to be adopted, petitioner or person who intends to petition may consent to the completion of a personal history of his or her child who has not attained the age of 12 years on behalf of the child.

(5) An Adoption Worker shall record the reason given by a person for not consenting to the completion of his or her personal history or the personal history of his or her child who has not attained the age of 12 years, and the reason given by a child who has attained the age of 12 years for not consenting to the completion of his or her personal history.

(6) Before contacting a grandparent about completing a personal history, an Adoption Worker must, in accordance with the regulations, obtain the written consent of the parent, natural parent or former adoptive parent of the child to be adopted to contact the grandparent and if that person does not consent, the Adoption Worker shall record the reason given by that person for not consenting.

(7) Where an Adoption Worker has obtained the consent referred to in subsection (6), the Adoption Worker shall meet with the grandparent and

SNWT 2000,c.13,s.16,17.

(1) In this section, "relevant persons" means

(2) At the direction of the Director after the notice referred to in subsection 14(1) is received, and before an order is made in the case of an application referred to in paragraph 14(1)(b), an Adoption Worker shall endeavour to meet with each of the relevant persons and

(2.1) When meeting with a relevant person under subsection (2) who is a parent, natural parent or former adoptive parent of the child to be adopted, the Adoption Worker shall encourage him or her to identify any parent, natural parent or former adoptive parent of the child who is unknown to the Adoption Worker.

(3) When meeting with a relevant person under subsection (2) who is a parent, natural parent or former adoptive parent of the child to be adopted, the Adoption Worker shall encourage him or her to

SNWT 2000,c.13,s.18.

(1) In this section, "grandparent" means the parent of the parent, natural parent or former adoptive parent of a child to be adopted.

(2) At the direction of the Director after the notice referred to in subsection 14(1) is received, and before an order is made in the case of an application referred to in paragraph 14(1)(b), an Adoption Worker shall, subject to this section and in accordance with the regulations, endeavour to complete a personal history of

(3) An Adoption Worker must, in accordance with the regulations, obtain the written consent of a person to the completion of his or her personal history.

(4) A parent, natural parent or former adoptive parent of the child to be adopted may consent to the completion of a personal history of his or her child who has not attained the age of 12 years on behalf of the child.

(4.1) The Director of Child and Family Services may consent to the completion of a personal history of a child who is in his or her permanent custody pursuant to an order made under Part I of the Child and Family Services Act or under any predecessor Act and who has not attained the age of 12 years, and may provide information from the file maintained under the Child and Family Services Act in respect of the child for the purpose of completing the personal history.

(5) An Adoption Worker shall record the reason given by a person for not consenting to the completion of his or her personal history or the personal history of his or her child who has not attained the age of 12 years, and the reason given by a child who has attained the age of 12 years for not consenting to the completion of his or her personal history.

(6) Before contacting a grandparent about completing a personal history, an Adoption Worker must, in accordance with the regulations, obtain the written consent of the parent, natural parent or former adoptive parent of the child to be adopted to contact the grandparent and if that person does not consent, the Adoption Worker shall record the reason given by that person for not consenting.

(7) Where an Adoption Worker has obtained the consent referred to in subsection (6), the Adoption Worker shall meet with the grandparent and

SNWT 2000,c.13,s.16,17,19.

(1) During the preparation of a pre-placement report, an Adoption Worker shall meet with the applicant and his or her children who have attained the age of 12 years and

(2) When meeting with an applicant under subsection (1), the Adoption Worker shall encourage the applicant to do the following, if a child is placed with the applicant:

(1) Subject to this section, an Adoption Worker shall, on the placement of a child with an approved applicant and in accordance with the regulations, endeavour to complete a personal history of the applicant and of his or her children.

(2) An Adoption Worker must, in accordance with the regulations, obtain the written consent of the applicant and of his or her children who have attained the age of 12 years for the completion of his or her personal history.

(3) An applicant may consent to the completion of a personal history of his or her child who has not attained the age of 12 years on behalf of the child.

(4) An Adoption Worker shall record the reason given by an applicant for not consenting to the completion of his or her personal history or the personal history of his or her child who has not attained the age of 12 years, and the reason given by a child who has attained the age of 12 years for not consenting to the completion of his or her personal history. SNWT 2000,c.13,s.16.

(1) Subject to subsection (1.1), a person who is named in the Adoption Register but has not completed a personal history or, if the person has not attained the age of 12 years, his or her parent, may request the Registrar to arrange to have an Adoption Worker complete his or her personal history or the personal history of his or her child in accordance with the regulations, and the Registrar shall deposit the personal history with the Adoption Registry.

(1.1) Where the parent, natural parent or former adoptive parent of a child to be adopted does not consent to an Adoption Worker contacting a grandparent of the child for the purpose of completing a personal history of the grandparent under section 54 or 57, the grandparent may not make a request under subsection (1) unless the grandparent submits proof, satisfactory to the Registrar, of the parent's consent to the request or the death of the parent.

(2) Any person whose personal history has been deposited with the Adoption Registry may update his or her personal history in accordance with the regulations and the Registrar shall deposit the updates with the Adoption Registry. SNWT 2000,c.13,s.20.

(1) Before disclosing registry information under sections 64 and 66, the Registrar shall

(2) Before registry information is disclosed, the Director shall, if the Director considers it appropriate in the circumstances, offer counselling to the person requesting the information and, if the counselling is accepted, the Director shall make counselling available to that person.

(1) Subject to subsection (2), the following persons are entitled to receive registry information that relates to the adoption of a person from the Registrar in accordance with the regulations:

(2) The Registrar may not provide registry information under paragraphs (1)(b) to (e) until the adopted person has attained the age of majority.

(3) A person listed in subsection (1) who receives registry information under this section may disclose it to any person.

(1) On receiving a request from an adopted person or a natural parent of an adopted person for information that relates to the adoption of the adopted person under any predecessor Act, the Registrar shall, if the adopted person has attained the age of majority, examine the records and microfilm of the records of the Superintendent of Child Welfare that were placed with the Adoption Registry under subsection 48(4) and deposit with the Adoption Registry reproductions made in the prescribed manner of any records or documents that

(2) The Registrar shall, if necessary, request information and copies of any documents or material in the sealed packet respecting the adoption from the Clerk of the Supreme Court under subsection 45(4), and shall deposit the information and the copies with the Adoption Registry upon receipt.

(3) The Registrar may, if the adopted person has attained the age of majority, disclose registry information compiled under subsections (1) and (2) that relates to the adoption of a person in accordance with the regulations to

(4) The Registrar shall conduct a discreet and reasonable search for the person whose consent to the disclosure is required under subsection (3) in order to request his or her consent and if the person cannot be found after the search has continued for at least one year, the Registrar may disclose the information without the consent.

(5) A person listed in paragraph (3)(a) or (b) who receives information under this section may disclose it to any person. SNWT 2000,c.13,s.21.

(1) Regardless of whether or not an adopted person has attained the age of majority, the Registrar may disclose, in accordance with the regulations, registry information that relates to the adoption of that person to that person or to any other person, where the Registrar considers that disclosure to the person requesting the information is required to protect the health, welfare or safety or establish the aboriginal status of the adopted person or any other person.

(2) A person who receives registry information under subsection (1)

(3) This section applies whether or not the adoption was made under this Act or under any predecessor Act.

(1) At the request of an adopted person or a natural parent of an adopted person, the Registrar shall conduct a discreet and reasonable search for the other and ascertain whether he or she wishes to be involved in a reunion.

(2) Before a reunion takes place, the Director shall offer counselling and, if accepted, make counselling available to the adopted person, the natural parent and the adoptive parent.

(3) This section applies whether or not the adoption was made under this Act or under any predecessor Act.

(1) The Minister shall appoint a Director of Adoptions.

(2) The Director shall

(3) The Director may

SNWT 2000,c.13,s.22; SNWT 2024,c.9,s.1(2).

(1) The Minister shall appoint a Deputy Director of Adoptions.

(2) The Deputy Director shall act under the direction of the Director and may exercise such powers and shall perform such duties of the Director as the Director may delegate. SNWT 2024,c.9,s.1(3).

(1) The Director may appoint Adoption Workers for the Northwest Territories.

(2) An Adoption Worker has the powers conferred and the duties imposed on an Adoption Worker by this Act and the regulations and shall assist the Director in the exercise of any powers or in the performance of any duties of the Director that the Director has authorized under paragraph 69(3)(b).

(3) An Adoption Worker is subject to the direction of the Director in the exercise of any power and in the performance of any duty of an Adoption Worker under this Act or the regulations. SNWT 2010,c.16,Sch.A,s.1(2).

(1) The Minister may, by order, delegate the authority and responsibility for any matter set out in this Act to the Territorial health and social services authority, the Territorial board of management or a Board of Management within the meaning of the Hospital Insurance and Health and Social Services Administration Act.

(2) Every order made under section 4.1 of the Child Welfare Act before November 1, 1998 continues in force in respect of the management, control and operation of adoption services as if the order were made under subsection (1). SNWT 2008,c.8,s.1(4); SNWT 2015,c.14,s.21.

(1) All proceedings under this Act shall be heard by the court in private.

(2) The following persons may be present at a hearing but no others:

(3) Where a petition respecting a child is pending before the court, the court may order that the child be brought before the court at any time before making an adoption order in respect of the child.

(1) No person shall publish in any form or by any means an advertisement soliciting a child for adoption or for the purpose of finding adoptive parents for children.

(2) Subsection (1) does not apply to the publication of any advertisement authorized by the Director of Adoptions for the purpose of finding prospective adoptive parents for children placed in the permanent custody of the Director of Child and Family Services who are available for adoption.

(3) Every person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000, to imprisonment for a term not exceeding six months or to both.

(1) Every person, other than the Director, who gives or receives or agrees to give or receive any payment or reward, either directly or indirectly, to procure or assist in procuring a child for the purpose of adoption, is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000, to imprisonment for a term not exceeding one year or to both.

(2) Subsection (1) does not apply to the payment of

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(z.a) respecting counselling under section 63 and subsection 68(2); (z.b) further defining "registry information"; (z.c) respecting the disclosure of registry information, including the procedure for the disclosure of such information; (z.d) respecting additional duties of the Director; (z.e) respecting forms; (z.e.1) respecting the establishment and maintenance of a register pursuant to subsection (2); and (z.f) respecting any other matter that, in the opinion of the Commissioner, is necessary for carrying out the purposes and provisions of this Act.

(2) The Minister shall, in accordance with the regulations, establish and maintain a register of organizations.

(3) An organization may request that the Minister place its name, address, phone number and fax number in the register and, in accordance with the regulations, the Minister shall place that information in the register.

(4) After the establishment of the register of organizations, the Minister shall, before making recommendations respecting the enactment of regulations under subsection (1), consult with those organizations regarding the regulations.

(5) For greater certainty, the Minister may also consult with any person or persons the Minister considers appropriate before making recommendations respecting the enactment of regulations under subsection (1). SNWT 2000,c.13,s.23; SNWT 2010,c.16,Sch.A,s.1(2).