Adoption Regulations
Regulation- Registration
- R-141-98
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Adoption Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by R-067-2002,s.2
- s.6 amended by R-050-2001,s.2,3
- s.8 amended by R-050-2001,s.3,4
- s.17 amended by R-050-2001,s.3
- s.18 amended by R-078-2016,s.2 in force Aug. 1, 2016 (SI-008-2016)
- s.19 amended by R-050-2001,s.3
- s.19 amended by R-078-2016,s.3 in force Aug. 1, 2016 (SI-008-2016)
- s.29 amended by R-050-2001,s.3
- s.30 amended by R-078-2016,s.4 in force Aug. 1, 2016 (SI-008-2016)
- s.31 amended by R-050-2001,s.3
- s.31 amended by R-078-2016,s.5 in force Aug. 1, 2016 (SI-008-2016)
- s.36 amended by R-050-2001,s.2,3
- s.39 amended by R-050-2001,s.3,4
- s.40 amended by R-050-2001,s.5
- s.64 amended by R-050-2001,s.6
- s.65 amended by R-050-2001,s.7
- s.72 amended by R-050-2001,s.3
- s.75 amended by R-050-2001,s.8
- s.79 amended by S.N.W.T. 1998, c.9, comes into force
- s.sched_A amended by R-069-2018,s.2 in force May 15, 2018
- s.sched_A amended by R-026-2025,s.2 in force April 1, 2025
- s.form_14 amended by R-029-2000,s.3
- s.form_14 amended by R-050-2001,s.9
- s.form_14 amended by R-067-2002,s.3
- s.18 Hospital Insurance and Health and Social Services Administration Act
- s.19 Hospital Insurance and Health and Social Services Administration Act
- s.30 Hospital Insurance and Health and Social Services Administration Act
- s.31 Hospital Insurance and Health and Social Services Administration Act
- s.75 Child and Family Services Act
- s.75 Child and Family Services Act
- s.form_3 Child and Family Services Act
- s.form_4 Child and Family Services Act
- s.form_11 Child and Family Services Act
- s.form_12 Evidence Act
- s.form_14 Vital Statistics Act
- None.
The Commissioner, on the recommendation of the Minister, under subsection 76(1) of the Adoption Act and every enabling power, makes the Adoption Regulations.
In these regulations,
"Act" means the Adoption Act; (Loi)
"co-habit" means to live together in a conjugal relationship. (cohabiter) R-067-2002,s.2.
PRIVATE AND STEP-PARENT ADOPTIONS
Notice of Proposed
Placement with Relative
The notice referred to in subparagraph 6(1)(b)(i) of the Act by a relative of the child of the proposed placement must be in a form approved by the Director.
(1) Where a relative of the child wishes to give notice under subparagraph 6(1)(b)(i) of the Act less than 45 days before the date on which the proposed placement is to occur, the person must in writing request the Director to agree to reduce the period of giving notice to a date specified in the request and give the reasons for the request.
(2) The Director shall, without delay, notify the person making the request of whether or not the Director agrees under subsection 6(3) of the Act to reduce the period of giving notice and, if the Director agrees, the date by which notice must be given.
(3) Notice by the Director under subsection (2) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
Application for Director’s Approval of Proposed Placement
(1) An application referred to in subsection 7(1) of the Act consists of
(a) an application form approved by the Director; and listed in subsection (4).
the persons who wish to make an application under subsection 7(1) of the Act to obtain the Director’s written approval of the proposed placement of a child with that person or persons must request an application form and a request form for a criminal records check referred to in subsection (5) from
(a) the Director, who shall refer the request to an Adoption Worker; or
(b) an Adoption Worker.
(3) A request under subsection (2) may be made orally or in writing.
(4) An applicant or the joint applicants, as the case may be, must complete the application form and attach to it or include the following:
(a) a certificate of the applicant’s or each joint applicant’s birth;
(b) where the applicant is married, a certificate of marriage;
(c) in the case of a joint application, where the joint applicants are married, the certificate of marriage of the joint applicants;
(d) where the applicant is co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the applicant and his or her spouse are together the parents of a child;
(e) in the case of a joint application, where the joint applicants are co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the joint applicants are together the parents of a child;
(f) where the applicant or a joint applicant is divorced, a certificate issued under subsection 12(7) of the Divorce Act (Canada);
(g) where the applicant or a joint applicant is a surviving spouse, the certificate of death of any previous spouse;
(h) where the applicant or a joint applicant has changed his or her name, proof satisfactory to the Director of the change of name;
(i) a photograph of the applicant and his or her children and parents;
(j) in the case of a joint application, a photograph of the joint applicants, their children together or separately, and their parents;
(k) the names of three persons who are not relatives of the applicant or joint applicants and can be contacted to provide a letter of recommendation of the applicant or of the joint applicants in support of the application;
(l) a copy of the request form for a criminal records check referred to in subsection (5) that the applicant or joint applicants, as the case may be, submitted to the Royal Canadian Mounted Police.
(5) An applicant or the joint applicants, as the case may be, must arrange for the Royal Canadian Mounted Police to conduct a criminal records check of the applicant or joint applicants and all adults living with the applicant or joint applicants, and for the results of the check to be sent directly to the Adoption Worker referred to in subsection (2).
(6) The results of the criminal records check referred to in subsection (5) and the letters of recommendation provided by the persons referred to in paragraph (4)(k) shall be deemed to have been attached to the application form as documents under subsection (4).
(1) Where a person wishes to submit an application and the fee under subsection 7(1) of the Act less than 45 days before the date on which the proposed placement is to occur, the person must in writing request the Director to agree to reduce the period for submission to a date specified in the request and give the reasons for the request.
(2) The Director shall, without delay, notify the person making the request of whether or not the Director agrees under subsection 7(2) of the Act to reduce the period for submitting the application and the fee and, if the Director agrees, the date by which the application and fee must be submitted.
(3) Notice by the Director under subsection (2) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
Review of Director’s Decision
Not to Approve Application
(1) An application under subsection 7(11) of the Act for a review of a decision of the Director made under subsection 7(10) or (10.1) of the Act must be in writing and set out the reasons of the applicant or joint applicants, as the case may be, for requesting the review.
(2) An application may be submitted to the Minister by mail, fax or personal delivery.
(3) A review shall be conducted in accordance with the rules of natural justice.
(4) In conducting a review, the designated person or persons
(a) may have full access to the Director’s file on the applicant or joint applicants, as the case may be, respecting the application under subsection 7(1) of the Act and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review; and
(c) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under subsection 7(13) of the Act relating to the decision under review with the Director and the applicant or joint applicants, as the case may be, and shall provide each with an opportunity to respond to the information and specify the time within which to respond.
DEPARTMENTAL ADOPTIONS
Application for Departmental Adoption
(1) An application referred to in subsection 15(1) of the Act consists of
(a) an application form approved by the Director; and
(b) all applicable documents and material listed in subsection (4).
(2) A person or, in the case of a joint application, the persons who wish to make an application under subsection 15(1) of the Act to adopt a child through a departmental adoption must request an application form and a request form for a criminal records check referred to in subsection (5) from
(a) the Director, who shall refer the request to an Adoption Worker; or
(b) an Adoption Worker.
(3) A request under subsection (2) may be made orally or in writing.
(4) An applicant or the joint applicants, as the case may be, must complete the application form and attach to it or include the following:
(a) a certificate of the applicant’s or each joint applicant’s birth;
(b) where the applicant is married, a certificate of marriage;
(c) in the case of a joint application, where the joint applicants are married, the certificate of marriage of the joint applicants;
(d) where the applicant is co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the applicant and his or her spouse are together the parents of a child;
(e) in the case of a joint application, where the joint applicants are co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the joint applicants are together the parents of a child;
(f) where the applicant or a joint applicant is divorced, a certificate issued under subsection 12(7) of the Divorce Act (Canada);
(g) where the applicant or a joint applicant is a surviving spouse, the certificate of death of any previous spouse;
(h) where the applicant or a joint applicant has changed his or her name, proof satisfactory to the Director of the change of name;
(i) a photograph of the applicant and his or her children and parents;
(j) in the case of a joint application, a photograph of the joint applicants, their children together or separately, and their parents;
(k) the names of three persons who are not relatives of the applicant or joint applicants and can be contacted to provide a letter of recommendation of the applicant or of the joint applicants in support of the application;
(l) a copy of the request form for a criminal records check referred to in subsection (5) that the applicant or joint applicants, as the case may be, submitted to the Royal Canadian Mounted Police.
(5) An applicant or the joint applicants, as the case may be, must arrange for the Royal Canadian Mounted Police to conduct a criminal records check of the applicant or joint applicants and all adults living with the applicant or joint applicants, and for the results of the check to be sent directly to the Adoption Worker referred to in subsection (2).
(6) The results of the criminal records check referred to in subsection (5) and the letters of recommendation provided by the persons referred to in paragraph (4)(k) shall be deemed to have been attached to the application form as documents under subsection (4).
Review of Director’s Decision
Not to Approve Application
(1) An application under subsection 16(3) of the Act for a review of a decision of the Director made under subsection 16(2) or (2.1) of the Act must be in writing and set out the reasons of the applicant or joint applicants, as the case may be, for requesting the review.
(3) A review shall be conducted in accordance with the rules of natural justice.
(4) In conducting a review, the designated person or persons
(a) may have full access to the Director’s file on the applicant or joint applicants, as the case may be, respecting the application under subsection 15(1) of the Act and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review; and
(c) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under subsection 16(5) of the Act relating to the decision under review with the Director and the applicant or joint applicants, as the case may be, and shall provide each with an opportunity to respond to the information and specify the time within which to respond.
Subsidized Departmental Adoptions
In sections 10 and 11, "other assistance" means assistance listed in subsection 19(2).
(1) An Adoption Worker may in writing request the Director to arrange to provide financial assistance or other assistance to an applicant under subsection 17(1) of the Act.
(2) An applicant may in writing request the Director to arrange to provide financial assistance or other assistance to the applicant under subsection 17(1) of the Act where an Adoption Worker does not support the request.
(3) The request
(a) must state why the adoption would place an undue burden on the financial resources of the applicant;
(b) must state why the applicant would be unable to adopt the child without the financial assistance or other assistance; and
(c) may specify the financial assistance or other assistance that is required to remove the undue burden on the financial resources of the applicant and make the applicant able to adopt the child.
(4) The Director, or a person designated by the Director, shall discuss financial assistance and other assistance with the applicant and the financial assistance or other assistance the applicant has requested under paragraph (3)(c), if any, and alternatives to financial assistance and other assistance that may be available to the applicant.
(5) Where a person is designated under subsection (4), the designated person shall report in writing to the Director on the financial assistance or other assistance requested by the applicant under paragraph (3)(c) and the financial assistance or other assistance agreed to by the designated person and the applicant for the Director’s consideration.
(6) The Director shall not arrange for the provision of financial assistance or other assistance to the applicant unless the cost of that assistance will be less than the cost of foster care.
(7) The Director shall consider the request and the information acquired by the Director under subsection (4) or the report by the designated person under subsection (5), as the case may be, and may make any inquiries that the Director considers necessary to satisfy himself or herself of the matters set out in paragraphs 17(1)(a) to (c) of the Act.
(8) Where the Director decides to arrange for the provision of financial assistance or other assistance to the applicant, the Director shall enter into a written subsidized departmental adoption agreement with the applicant setting out
(a) the financial assistance or other assistance that Director shall arrange to provide to the applicant;
(b) the person or body that will provide the financial assistance;
(c) the person or body that will provide the other assistance if known at the time of the agreement;
(d) how the financial assistance or other assistance will be provided to the applicant; and
(e) when the financial assistance or other assistance will be provided to the applicant.
(9) The Director shall arrange for the provision of the financial assistance or other assistance to the applicant set out the subsidized departmental adoption agreement in accordance with the agreement.
(10) The financial assistance or other assistance set out in the subsidized departmental adoption agreement shall be provided directly to the applicant from the person or body providing the assistance unless the agreement specifies otherwise.
In sections 12 to 18, "assistance" means the financial assistance or other assistance provided under a subsidized departmental adoption agreement referred to in subsection 10(8).
Sections 13 to 16 apply to a review, variation or termination of the assistance referred to in subsection 17(4) of the Act.
The Director shall not vary or terminate the assistance except on review under sections 14 to 16.
(1) The Director shall review the assistance
(a) every three years; and
(b) where the child is removed from the home of the applicant or adoptive parent or is not residing with the applicant or adoptive parent.
(2) The Director may review the assistance at any time.
(3) Notwithstanding subsection (2), the Director shall not review the assistance on the basis only that the income of the applicant or adoptive parent has increased.
(4) The Director shall give written notice to the applicant or an adoptive parent, as the case may be, of the review and the reasons for the review.
An applicant or an adoptive parent may in writing request the Director to review the assistance and set out the reasons for the review in the request.
(1) A review shall be conducted in accordance with this section.
(2) The Director shall request an Adoption Worker to meet with the applicant or adoptive parent to discuss
(a) the assistance and the reasons for the review; and
(b) any material or information the Director considers relevant to making the decision to continue, vary or terminate that assistance.
(3) The Adoption Worker shall submit a written report to the Director on the meeting under subsection (2).
(4) The Director shall consider
(a) the report of the Adoption Worker;
(b) any material or information that the Director considers relevant to making the decision to continue, vary or terminate that assistance; and
(c) the fact that the child has been removed from the home of the applicant or adoptive parent or is not residing with the applicant or adoptive parent, if this has occurred.
(5) Subject to subsection (6), the Director may continue or vary the assistance where the Director is satisfied that,
(a) where an adoption order has not been made, the matters set out in paragraphs 17(1) (a), (b) and (c) of the Act continue to exist; or
(b) where an adoption order has been made, the adoption is placing an undue burden on the financial resources of the adoptive parent.
(6) The Director shall not continue or vary the assistance to the applicant or adoptive parent unless the cost of the assistance will be less than the cost of foster care.
(7) Where the Director varies the assistance under subsection (5), the subsidized departmental adoption agreement shall be amended accordingly.
(8) The Director shall terminate the assistance in the following circumstances:
(a) where an adoption order has not been made, the Director is not satisfied that the matters set out in paragraphs 17(1) (a), (b) and (c) of the Act continue to exist;
(b) where an adoption order has been made, the Director is not satisfied that the adoption is placing an undue burden on the financial resources of the adoptive parent;
(c) the assistance is not continued or varied under subsection (5).
(9) At the conclusion of the review, the Director shall, without delay, give written notice of and written reasons for the decision to the applicant or adoptive parent, as the case may be.
(1) An application under subsection 17(5) of the Act by an applicant or an adoptive parent for a review of a decision of the Director made under subsection 17(4) of the Act to vary or terminate the assistance
(a) must be in writing and set out the reasons of the applicant or adoptive parent for requesting the review; and
(b) must be made within 10 days after the applicant or the adoptive parent receives notice under subsection 16(9).
(2) An application may be submitted to the Minister by mail, fax or personal delivery.
(3) Within 30 days after the day on which the Minister receives the application for review under subsection (1), the Minister shall conduct the review in accordance with section 18 and make a decision. R-050-2001,s.3.
(1) On receiving an application for a review referred to in subsection 17(1), the Minister shall, without delay, designate the following persons to assist the Minister in conducting the review of the decision of the Director:
(a) one person who works for the Territorial health and social services authority or a Board of Management established under the Hospital Insurance and Health and Social Services Administration Act or a Health and Social Services Board established under an agreement with the Minister;
(b) one person who works in the Department of Health and Social Services;
(c) one person who does not work in the Department of Health and Social Services.
(2) A review shall be conducted in accordance with the rules of natural justice.
(3) The designated persons
(a) may have full access to those parts of the Director’s file on the applicant or adoptive parent respecting the assistance and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review;
(c) may make any inquiries that the designated persons consider necessary;
(d) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under paragraph (c) relating to the decision under review with the Director and the applicant or adoptive parent, as the case may be, and shall provide each with an opportunity to respond to the information and specify the time within which to respond; and
(e) shall prepare a written report including the information obtained under paragraph (a) or (c) or reviewed under paragraph (b), the responses under paragraph (d) and the designated persons’ recommendations on whether the decision of the Director should be affirmed, set aside or varied and the reasons for the recommendations, and submit the report to the Minister.
(4) The Minister shall consider the report of the designated persons in making a decision under subsection 17(6) of the Act.
(5) The Minister shall, without delay, give written notice of the decision under subsection 17(6) of the Act to the applicant or adoptive parent and to the Director. R-078-2016,s.2.
(1) In subsection (2), "insured services" means insured services as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act.
(2) The Director may arrange for the provision of the following other assistance referred to in subsection 17(1) of the Act to an applicant or an adoptive parent unless it is otherwise provided by the Government of the Northwest Territories or its agencies or by any other government or its agencies:
(a) medical aids;
(b) training for the child, applicant or adoptive parent;
(c) travel for assessment and diagnosis of the child, and for training for the child, applicant or adoptive parent;
(d) rehabilitation materials and instruction;
(e) personal care assistance;
(f) special needs assistance;
(g) tutoring, educational materials and equipment and other educational assistance and support that is not provided by the education system;
(h) counselling for the child, applicant or adoptive parent;
(i) treatment costs that are not insured services;
(j) assistance for maintaining contact with the child’s birth family;
(k) reference materials pertaining to the child’s condition;
(l) respite care;
(m) reimbursement for telephone, fax or Internet charges necessary to find resources or to maintain contact with Adoption Workers or the child’s birth family;
(n) physical, speech and other therapy that are not insured services;
(o) any other assistance that the Director considers appropriate in the circumstances.
Placement of Child in Territories
(1) For the purpose of placing a child with an approved applicant on the list of approved applicants under subsection 18(2) of the Act, the Director shall review the list of approved applicants and assess each applicant in relation to the following:
(a) the child’s physical, mental and emotional needs and the appropriate care or treatment to meet those needs, and the capability of the applicant to meet those needs;
(b) the child’s need for a stable placement and whether the applicant can provide a stable placement;
(c) the importance for the child’s development of a positive relationship with a parent and whether the applicant is capable of a positive relationship with the child;
(d) the child’s cultural, linguistic and spiritual or religious ties and upbringing and whether the applicant will be able to provide a family environment that will respect the child’s cultural and linguistic heritage and traditions and religious or spiritual background;
(e) the family or extended family relationship between the child and the applicant.
(2) The following terms and conditions apply to the placement of a child with an approved applicant under subsection 18(2) of the Act:
(a) the child shall be educated according to law;
(b) the applicant is responsible for the well- being of the child physically, mentally and morally in all respects as if the child were the natural child of the applicant;
(c) the applicant shall permit access by the Director or his or her designate under the direction of the Director to the child and to the home of the applicant before the adoption at any reasonable time;
(d) the applicant shall, without delay, notify the Director in the case of severe illness or accident of the child;
(e) the applicant shall, without delay, notify the Director in the case of a change of address of the applicant.
(3) Notice under paragraph (2) (d) or (e) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
FINANCIAL OR OTHER ASSISTANCE
AFTER DEPARTMENTAL ADOPTIONS
In sections 22 and 23, "other assistance" means assistance listed in subsection 31(2).
(1) An adoptive parent of a child may in writing request the Director to arrange to provide financial assistance or other assistance to the adoptive parent under subsection 41(1) of the Act.
(2) The request
(a) must describe the physical or mental condition of the child and whether the condition is congenital in nature and was reasonably apparent prior to the adoption of the child;
(b) must state why the care, treatment or assistance required by the child because of that condition would place an undue burden on the financial resources of the adoptive parent; and
(c) may specify the financial assistance or other assistance that is required to remove the undue burden on the financial resources of the adoptive parent.
(3) The Director, or a person designated by the Director, shall discuss financial assistance and other assistance with the adoptive parent and the financial assistance or other assistance the adoptive parent has requested under paragraph (2)(c), if any, and alternatives to financial assistance and other assistance that may be available to the adoptive parent.
(4) Where a person is designated under subsection (3), the designated person shall report in writing to the Director on the financial assistance or other assistance requested by the adoptive parent under paragraph (2)(c) and the financial assistance or other assistance agreed to by the designated person and the adoptive parent for the Director’s consideration.
(5) The Director shall consider the request and the information acquired by the Director under subsection (3) or the report by the designated person under subsection (4), as the case may be, and may make any inquiries that the Director considers necessary to satisfy himself or herself of the matters set out in paragraphs 41(1)(a) and (b) of the Act.
(6) Where the Director decides to arrange for the provision of financial assistance or other assistance to the adoptive parent, the Director shall enter into a written subsidized departmental adoption agreement with the adoptive parent setting out
(a) the financial assistance or other assistance that Director shall arrange to provide to the adoptive parent;
(b) the person or body that will provide the financial assistance;
(c) the person or body that will provide the other assistance if known at the time of the agreement;
(d) how the financial assistance or other assistance will be provided to the adoptive parent; and
(e) when the financial assistance or other assistance will be provided to the adoptive parent.
(7) The Director shall arrange for the provision of the financial assistance or other assistance to the adoptive parent set out the subsidized departmental adoption agreement in accordance with the agreement.
(8) The financial assistance or other assistance set out in the subsidized departmental adoption agreement shall be provided directly to the adoptive parent from the person or body providing the assistance unless the agreement specifies otherwise.
In sections 24 to 30, "assistance" means the financial assistance or other assistance provided under a subsidized departmental adoption agreement referred to in subsection 22(6).
Sections 25 to 28 apply to a review, variation or termination of the assistance referred to in subsection 41(2) of the Act.
The Director shall not vary or terminate the assistance except on review under sections 26 to 28.
(1) The Director shall review the assistance
(a) every three years; and
(b) where the child has been removed from the home of the adoptive parent or is not residing with the adoptive parent.
(2) The Director may review the assistance at any time.
(3) Notwithstanding subsection (2), the Director shall not review the assistance on the basis only that the income of the adoptive parent has increased.
(4) The Director shall give written notice to the adoptive parent of the review and the reasons for the review.
An adoptive parent may in writing request the Director to review the assistance and set out the reasons for the review in the request.
(1) A review shall be conducted in accordance with this section.
(2) The Director shall request an Adoption Worker to meet with the adoptive parent to discuss
(a) the assistance and the reasons for the review; and
(b) any material or information the Director considers relevant to making the decision to continue, vary or terminate that assistance.
(3) The Adoption Worker shall submit a written report to the Director on the meeting under subsection (2).
(4) The Director shall consider
(a) the report of the Adoption Worker;
(b) any material or information that the Director considers relevant to making the decision to continue, vary or terminate that assistance; and
(c) the fact that the child has been removed from the home of the adoptive parent or is not residing with the adoptive parent, if this has occurred.
(5) The Director may continue or vary the assistance where the Director is satisfied that the matters set out in paragraphs 41(1) (a) and (b) of the Act continue to exist.
(6) Where the Director varies the assistance under subsection (5), the subsidized departmental adoption agreement shall be amended accordingly.
(7) The Director shall terminate the assistance where the Director is not satisfied that the matters set out in paragraphs 41(1) (a) and (b) of the Act continue to exist.
(8) At the conclusion of the review, the Director shall, without delay, give written notice of and written reasons for the decision to the adoptive parent.
(1) An application under subsection 41(3) of the Act by an adoptive parent for a review of a decision of the Director made under subsection 41(2) of the Act to vary or terminate the assistance
(a) must be in writing and set out the reasons of the adoptive parent for requesting the review; and
(b) must be made within 10 days after the adoptive parent receives notice under subsection 28(8).
(2) An application may be submitted to the Minister by mail, fax or personal delivery.
(3) Within 30 days after the day on which the Minister receives the application for review under subsection (1), the Minister shall conduct the review in accordance with section 30 and make a decision. R-050-2001,s.3.
(1) On receiving an application for a review referred to in subsection 29(1), the Minister shall, without delay, designate the following persons to assist the Minister in conducting the review of the decision of the Director:
(a) one person who works for the Territorial health and social services authority or a Board of Management established under the Hospital Insurance and Health and Social Services Administration Act or a Health and Social Services Board established under an agreement with the Minister;
(b) one person who works in the Department of Health and Social Services;
(c) one person who does not work in the Department of Health and Social Services.
(2) A review shall be conducted in accordance with the rules of natural justice.
(3) The designated persons
(a) may have full access to those parts of the Director’s file on the adoptive parent respecting the assistance and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review;
(c) may make any inquiries that the designated persons consider necessary;
(d) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under paragraph (c) relating to the decision under review with the Director and the adoptive parent and shall provide each with an opportunity to respond to the information and specify the time within which to respond; and
(e) shall prepare a written report including the information obtained under paragraph (a) or (c) or reviewed under paragraph (b), the responses under paragraph (d) and the designated persons’ recommendations on whether the decision of the Director should be affirmed, set aside or varied and the reasons for the recommendations, and submit the report to the Minister.
(4) The Minister shall consider the report of the designated persons in making a decision under
(5) The Minister shall, without delay, give written notice of his or her decision under subsection 41(4) of the Act to the adoptive parent and to the Director. R-078-2016,s.4.
(1) In subsection (2), "insured services" means insured services as defined in subsection 1(1) of the Hospital Insurance and Health and Social Services Administration Act.
(2) The Director may arrange for the provision of the following other assistance referred to in subsection 41(1) of the Act to an adoptive parent unless it is otherwise provided by the Government of the Northwest Territories or its agencies or by any other government or its agencies:
(a) medical aids;
(b) training for the child or adoptive parent;
(c) travel for assessment and diagnosis of the child, and for training for the child or adoptive parent;
(d) rehabilitation materials and instruction;
(e) personal care assistance;
(f) special needs assistance;
(g) tutoring, educational materials and equipment and other educational assistance and support that is not provided by the education system;
(h) counselling for the child or adoptive parent;
(i) treatment costs that are not insured services;
(j) assistance for maintaining contact with the child’s birth family;
(k) reference materials pertaining to the child’s condition;
(l) respite care;
(m) reimbursement for telephone, fax or Internet charges necessary to find resources or to maintain contact with Adoption Workers or the child’s birth family;
(n) physical, speech and other therapy that are not insured services;
(o) any other assistance that the Director considers appropriate in the circumstances.
PLACEMENT OUTSIDE TERRITORIES
Private Placement
The notice referred to in paragraph 42(1)(b) of the Act of a proposed placement by a person who wishes to place a child outside the Territories with a person who is a relative of the child must state
(a) the name and address of the person giving notice;
(b) the name of the child;
(c) the names of the natural parents of the child;
(d) the name and address of the person with whom it is proposed to place the child;
(e) whether the person with whom it is proposed to place the child is the child’s grandparent, uncle, aunt, brother or sister, whether by blood or through adoption, or the spouse of that person; and
(f) the date of the proposed placement.
(1) Where a person wishes to give notice under paragraph 42(1)(b) of the Act less than 30 days before the date on which the proposed placement is to occur, the person must in writing request the Director to agree to reduce the period of giving notice to a date specified in the request and give the reasons for the request.
(2) The Director shall, without delay, notify the person making the request of whether or not the Director agrees under subsection 42(3) of the Act to reduce the period of giving notice and, if the Director agrees, the date by which notice must be given.
(3) Notice by the Director under subsection (2) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
(1) An application referred to in subsection 43(1) of the Act consists of
(a) an application form approved by the Director; and listed in subsections (4) and (8).
the persons who wish to make an application under subsection 43(1) of the Act to obtain the Director’s written approval of the proposed placement outside the Territories of a child referred to in subsection 42(1) of the Act must request an application form and a request form for a criminal records check referred to in subsection (5) from
(a) the Director, who shall refer the request to an Adoption Worker; or
(b) an Adoption Worker.
(3) A request under subsection (2) may be made orally or in writing.
(4) An applicant or the joint applicants, as the case may be, must complete the application form and attach the following to it:
(a) a certificate of the applicant’s or each joint applicant’s birth;
(b) where the applicant is married, a certificate of marriage;
(c) in the case of a joint application, where the joint applicants are married, the certificate of marriage of the joint applicants;
(d) where the applicant is co-habiting outside marriage, a statutory declaration setting out the period of co-habitation;
(e) in the case of a joint application, where the joint applicants are co-habiting outside marriage, a statutory declaration setting out the period of co-habitation;
(f) where the applicant or a joint applicant is divorced, a certificate issued under subsection 12(7) of the Divorce Act (Canada);
(g) where the applicant or a joint applicant is a surviving spouse, the certificate of death of any previous spouse;
(h) where the applicant or a joint applicant has changed his or her name, proof satisfactory to the Director of the change of name;
(i) a copy of the request form for a criminal records check referred to in subsection (5) that the applicant or joint applicants, as the case may be, submitted to the Royal Canadian Mounted Police.
(5) An applicant or the joint applicants, as the case may be, must arrange for the Royal Canadian Mounted Police to conduct a criminal records check of the person or, in the case of a joint placement, the persons, with whom it is proposed to place the child and all adults living with the person or persons, and for the results of the check to be sent directly to the Adoption Worker referred to in subsection (2).
(6) The results of the criminal records check referred to in subsection (5) shall be deemed to have been attached to the application form as a document under subsection (4).
(7) An applicant or the joint applicants, as the case may be, shall include in the application form the name and address of the person or persons with whom it is proposed to place the child and the marital status of the person or persons, including whether the person or persons are co-habiting outside marriage.
(8) An applicant or the joint applicants, as the case may be, must attach to the application form or include, in respect of the person or, in the case of a joint placement, the persons with whom it is proposed to place the child, the following:
(a) a certificate of the person’s or each person’s birth;
(b) where the person is married, a certificate of marriage;
(c) in the case of a joint placement, where the persons are married, the certificate of marriage of the persons;
(d) where the person is co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the person and his or her spouse are together the parents of a child;
(e) in the case of a joint placement, where the persons are co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the persons are together the parents of a child;
(f) where the person or either person is divorced, a certificate issued under subsection 12(7) of the Divorce Act (Canada);
(g) where the person or either person is a surviving spouse, the certificate of death of any previous spouse;
(h) where the person or either person has changed his or her name, proof satisfactory to the Director of the change of name;
(i) a photograph of the person and his or her children and parents;
(j) in the case of a joint application, a photograph of the persons, their children together or separately, and their parents;
(k) the names of three persons who are not relatives of the person or persons and can be contacted to provide a letter of recommendation of the person or persons in support of the application.
(9) The letters of recommendation provided by the persons referred to in paragraph (8)(k) shall be deemed to have been attached to the application form as a document under subsection (8).
(1) Where a person wishes to submit an application under subsection 43(1) of the Act less than 30 days before the date on which the proposed placement is to occur, the person must in writing request the Director to agree to reduce the period for submission to a date specified in the request and give the reasons for the request.
(2) The Director shall, without delay, notify the person making the request of whether or not the Director agrees under subsection 43(3) of the Act to reduce the period for submitting the application and, if the Director agrees, the date by which the application must be submitted.
(3) Notice by the Director under subsection (2) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
(1) An application under subsection 7(11) of the Act for a review of a decision of the Director made under subsection 7(10) or (10.1) of the Act in respect of an application made under subsection 43(1) of the Act must be in writing and set out the reasons of the applicant or joint applicants, as the case may be, for requesting the review.
(3) A review shall be conducted in accordance with the rules of natural justice.
(4) In conducting a review, the designated person or persons
(a) may have full access to the Director’s file on the applicant or joint applicants, as the case may be, respecting the application under subsection 43(1) of the Act and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review; and
(c) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under subsection 7(13) of the Act relating to the decision under review with the Director and the applicant or joint applicants, as the case may be, and shall provide each with an opportunity to respond to the information and specify the time within which to respond.
Departmental Placement
(1) An application referred to in subsection 44(1) of the Act consists of
(a) an application form approved by the Director; and
(b) all applicable documents and material listed in subsection (4).
(2) A person or, in the case of a joint application, the persons who wish to receive a child in the permanent custody of the Director of Child and Family Services for the purpose of adoption outside the Territories must, under subsection 44(1) of the Act, request an application form and a request form for a criminal records check referred to in subsection (6) from the Director or an Adoption Worker.
(3) A request under subsection (2) may be made orally or in writing.
(4) An applicant or the joint applicants, as the case may be, must complete the application form and attach to it or include the following:
(a) a certificate of the applicant’s or each joint applicant’s birth;
(b) where the applicant is married, a certificate of marriage;
(c) in the case of a joint application, where the joint applicants are married, the certificate of marriage of the joint applicants;
(d) where the applicant is co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the applicant and his or her spouse are together the parents of a child;
(e) in the case of a joint application, where the joint applicants are co-habiting outside marriage, a statutory declaration setting out the period of co-habitation and whether the joint applicants are together the parents of a child;
(f) where the applicant or a joint applicant is divorced, a certificate issued under subsection 12(7) of the Divorce Act (Canada);
(g) where the applicant or a joint applicant is a surviving spouse, the certificate of death of any previous spouse;
(h) where the applicant or a joint applicant has changed his or her name, proof satisfactory to the Director of the change of name;
(i) a photograph of the applicant and his or her children and parents;
(j) in the case of a joint application, a photograph of the joint applicants, their children together or separately, and their parents;
(k) the names of three persons who are not relatives of the applicant or joint applicants and can be contacted to provide a letter of recommendation of the applicant or of the joint applicants in support of the application;
(l) a copy of the request form for a criminal records check referred to in subsection (6) that the applicant or joint applicants, as the case may be, submitted to the Royal Canadian Mounted Police.
(5) An applicant or the joint applicants, as the case may be, must submit the application to the Director.
(6) An applicant or the joint applicants, as the case may be, must arrange for the Royal Canadian Mounted Police to conduct a criminal records check of the applicant or joint applicants and all adults living with the applicant or joint applicants, and for the results of the check to be sent directly to the Director, where the request under subsection (2) was made to the Director, or to the Adoption Worker referred to in subsection (2), where the request under subsection (2) was made to the Adoption Worker.
(7) The results of the criminal records check referred to in subsection (6) and the letters of recommendation provided by the persons referred to in paragraph (4)(k) shall be deemed to have been attached to the application form as documents under subsection (4).
(1) The Director shall notify the Director of Child and Family Services in writing of receipt of an application under subsection 44(1) of the Act.
(2) The Director of Child and Family Services shall request from the person who performs substantially the same functions as the Director of Child and Family Services in the jurisdiction in which the proposed placement is to take place information on whether the applicant or, in the case of a joint application, either joint applicant, has been involved in child protection matters, and if so, the particulars of that involvement.
(3) The Director of Child and Family Services shall provide the information obtained under subsection (2) to the Director and the information shall be deemed to form part of the application.
(1) An application under subsection 16(3) of the Act for a review of a decision of the Director made under subsection 16(2) or (2.1) of the Act in respect of an application made under subsection 44(1) of the Act must be in writing and set out the reasons of the applicant or joint applicants, as the case may be, for requesting the review.
(3) A review shall be conducted in accordance with the rules of natural justice.
(4) In conducting a review, the designated person or persons
(a) may have full access to the Director’s file on the applicant or joint applicants, as the case may be, respecting the application under subsection 44(1) of the Act and to all information considered by the Director in making the decision under review;
(b) shall review all information considered by the Director in making the decision under review; and
(c) shall share all information obtained under paragraph (a), reviewed under paragraph (b) or obtained through any inquiries under subsection 16(5) of the Act relating to the decision under review with the Director and the applicant or joint applicants, as the case may be, and shall provide each with an opportunity to respond to the information and specify the time within which to respond.
(1) For the purpose of placing a child outside the Territories under subsection 44(1) of the Act, the Director shall review the list of approved applicants for placement outside the Territories and assess each applicant in relation to the following:
(a) the child’s physical, mental and emotional needs and the appropriate care or treatment to meet those needs, and the capability of the applicant to meet those needs;
(b) the child’s need for a stable placement and whether the applicant can provide a stable placement;
(c) the importance for the child’s development of a positive relationship with a parent and whether the applicant is capable of a positive relationship with the child;
(d) the child’s cultural, linguistic and spiritual or religious ties and upbringing and whether the applicant will be able to provide a family environment that will respect the child’s cultural and linguistic heritage and traditions and religious or spiritual background;
(e) the family or extended family relationship between the child and the applicant.
(2) The following terms and conditions apply to the placement of a child with an approved applicant under subsection 44(1) of the Act:
(a) the child shall be educated according to law;
(b) the applicant is responsible for the well- being of the child physically, mentally and morally in all respects as if the child were the natural child of the applicant;
(c) the applicant shall permit access by the Director or his or her designate under the direction of the Director to the child and to the home of the applicant before the adoption at any reasonable time;
(d) the applicant shall, without delay, notify the Director or his or her designate in the case of severe illness or accident of the child;
(e) the applicant shall, without delay, notify the Director or his or her designate in the case of a change of address of the applicant.
(3) Notice under paragraph (2)(d) or (e) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable. R-050-2001,s.5.
DIRECTOR’S RECORDS
(1) The following records, documents and information respecting an adopted person must be included in the Director’s records referred to in subsection 48(1) of the Act, where available:
(a) a certified copy of the registration of the birth of the adopted person;
(b) a certified copy of the order placing the adopted person as a child in the permanent custody of the Director of Child and Family Services;
(c) the child study and social history;
(d) the medical information and assessments in the Adoption Worker’s file on the adoption;
(e) the psychological reports in the Adoption Worker’s file on the adoption;
(f) a photograph;
(g) the consents to consult with an aboriginal organization under subsections 7(8) and 18(7) of the Act;
(h) documents pertaining to his or her aboriginal status in the Adoption Worker’s file on the adoption;
(i) any subsidized departmental adoption agreement referred to in subsection 10(8) or 22(6) and any written notice of and written reasons for a decision to vary or terminate that agreement.
(2) The following records, documents and information respecting an adoptive parent must be included in the Director’s records referred to in subsection 48(1) of the Act, where available and applicable to the adoption:
(a) the pre-placement report;
(b) the letters of recommendation in support of the adoptive parent referred to in subsection 4(6) or 7(6), as the case may be;
(c) the medical information and assessments in the Adoption Worker’s file on the adoption;
(d) the results of the criminal records check referred to in subsection 4(5) or 7(5), as the case may be;
(e) a photograph of the adoptive parent and his or her children who have completed a personal history;
(f) in the case of a departmental adoption, the form approved by the Director, provided to a person on making an application under subsection 15(1) of the Act and signed by the adoptive parent, to explain the importance of obtaining independent legal advice.
(1) Subject to subsection (2), the records, documents and information referred to in subsections 41(1) and (2) must be in writing unless otherwise specified.
(2) The documents and information referred to in paragraphs 41(1)(c) and (d) and (2)(c) may be on video tape or audio tape.
The manner of reproducing the Director’s records referred to in subsection 48(1) of the Act may be by
(a) photocopying;
(b) photographing as prints or slides;
(c) computer disk;
(d) microfilming;
(e) video tape;
(f) audio tape.
ADOPTION
REGISTRY
Maintaining Adoption Registry
The Registrar shall maintain the Adoption Registry in accordance with the following:
(a) the Registrar shall maintain the Adoption Register in accordance with paragraph 50(1)(a) of the Act and in paper form and as a computer data base;
(b) the Registrar shall store and maintain registry information in a manner that
(i) protects the confidentiality of the information,
(ii) prevents access to the information by persons without proper authority,
(iii) preserves the information in the form in which it is deposited with the Adoption Registry or reproduced under subsection 51(3) of the Act, and
(iv) protects the information from damage or deterioration, or from destruction except according to law;
(c) the Registrar shall maintain the Adoption Registry in a manner that will permit the disclosure of registry information in accordance with the Act and sections 61 to 66;
(d) the Registrar shall maintain the Adoption Registry in a manner that will permit the facilitating of a reunion between an adopted person and his or her natural parent.
Deposit With
Adoption Registry
The Registrar shall keep a record of all information that is deposited with the Adoption Registry indicating
(a) whether the information is deposited by the Director through the Registrar under section 46 or by the Registrar;
(b) the type of information deposited;
(c) the date of deposit;
(d) any other information that the Registrar considers appropriate.
(1) The Director shall deposit the Director’s records or reproductions of those records referred to in subsection 48(1) of the Act with the Adoption Registry by submitting them to the Registrar for deposit.
(2) The Registrar shall review the records or reproductions submitted under subsection (1) to ensure that only those records and reproductions authorized under subsection 48(2) of the Act are deposited and shall deposit only those records or reproductions that comply with subsection 48(2) of the Act.
Reproduction of Registry Information
The manner of reproducing registry information may be by
(a) photocopying;
(b) photographing as prints or slides;
(c) computer disk;
(d) microfilming;
(e) video tape;
(f) audio tape.
Naming Subsequent Children to Adoption Register
The notice referred to in subsection 52(3) of the Act of any child born to or adopted by a parent after an adoption order is made may be in a form approved by the Director.
PERSONAL HISTORIES
Personal History Form
(1) In this section and in sections 52, 53 and 55, "personal history form" means the form referred to in subsection 55(1) used in completing a personal history.
(2) A personal history consists of
(a) a personal history form; and
(b) any audio tape or video tape referred to in subsection 55(2) or (3) used to complete a personal history form.
Advising About Personal Histories
(1) When advising a natural parent or natural grandparent about the completion of a personal history under paragraphs 53(2)(c), 54(7)(a), 56(2)(c) or 57(7)(a) of the Act, the Adoption Worker shall emphasize the importance to the child to be adopted of knowing
(a) the medical history of his or her natural parent or natural grandparent, as the case may be; and
(b) any other thing referred to in subsection (2) concerning his or her natural parent or natural grandparent, as the case may be.
(2) The Minister may establish guidelines setting out other things that an Adoption Worker shall emphasize to natural parent or natural grandparent under subsection (1).
Consents
An Adoption Worker shall meet separately with a person in order to determine whether the person wishes to consent to the completion of his or her personal history.
(1) Where a person consents to the completion of his or her personal history, the person must sign the applicable consent on the personal history form.
(2) Where a parent, natural parent or former adoptive parent of the child to be adopted, petitioner or person who intends to petition, or applicant consents 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, he or she must sign the applicable consent on the personal history form on behalf of the child.
(3) Where a person does not consent 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, or a child who has attained the age of 12 years does not consent to the completion of his or her personal history, an Adoption Worker shall indicate on the personal history form of that person or child that there was no consent and record the reason given by that person for not consenting.
(1) Where a parent, natural parent or former adoptive parent of the child to be adopted consents to an Adoption Worker contacting the grandparent about completing his or her personal history, the parent, natural parent or former adoptive parent must sign the applicable consent on his or her personal history form.
(2) Where a parent, natural parent or former adoptive parent of the child to be adopted does not consent to an Adoption Worker contacting the grandparent about completing his or her personal history, the Adoption Worker shall indicate on the personal history form of that person that there was no consent and record the reason given by that person for not consenting.
Completing Personal History
(1) For the purpose of completing a personal history, an Adoption Worker shall meet with the person or, if the person is a child who has not attained 12 years of age, with his or her parent and, if the child wishes to attend, the child, at the time set out in the Act or in section 56 or 57, and complete a personal history in accordance with this section and sections 55 to 59.
(2) An Adoption Worker shall meet separately with each person under subsection (1) unless that person requests another person to be present.
(1) An Adoption Worker shall use a personal history form approved by the Director in completing a personal history, which must include the following information about the person who is the subject of the personal history:
(a) name;
(b) date and place of birth;
(c) ancestral history including ethnicity, languages spoken, aboriginal status and any other thing related to ancestral history;
(d) educational background;
(e) employment history;
(f) medical history;
(g) social history;
(h) religion;
(i) hobbies;
(j) skills and aptitudes;
(k) special accomplishments and events in life.
(2) A person may complete a personal history form in writing or provide the information on audio tape or on video tape.
(3) Where a child has not attained the age of 12 years, the child or the child’s parent, or both, may complete a personal history form in writing or provide the information on audio tape or video tape.
(4) Where a person is unable to complete his or her personal history form or that of his or her child who has not attained the age of 12 years in writing or provide the information on audio tape or on video tape, an Adoption Worker may do so on his or her behalf based on the information he or she provides.
(1) In the case of a private or step-parent adoption of a child, an Adoption Worker shall endeavour to complete a personal history of the following persons during the preparation of a family union report if possible, after the advice referred to in paragraph 53(2)(c) of the Act is given by an Adoption Worker, or as soon as is reasonably practicable after the preparation of the family union report and before the adoption order is made:
(a) the child to be adopted;
(b) the parent, natural parent and former adoptive parent of the child to be adopted and of their children, if he or she is a relevant person as defined in
(c) the petitioner or the person who intends to petition and his or her children, if he or she is a relevant person as defined in subsection 53(1) of the Act.
(2) In the case of a private or step-parent adoption of a child, subject to subsection 54(6) of the Act, an Adoption Worker shall endeavour to complete a personal history of the grandparent of the child to be adopted before the adoption order is made.
(1) In the case of a private or step-parent adoption of a person who has attained the age of majority, an Adoption Worker shall endeavour to complete a personal history of the following persons as soon as is reasonably practicable after the advice referred to in paragraph 53(2)(c) of the Act is given by an Adoption Worker and before the adoption order is made:
(a) the person to be adopted;
(b) the parent, natural parent and former adoptive parent of the person to be adopted and of their children, if he or she is a relevant person as defined in subsection 53(1) of the Act; and
(c) the petitioner or the person who intends to petition and his or her children, if he or she is a relevant person as defined in subsection 53(1) of the Act.
(2) In the case of a private or step-parent adoption of a person who has attained the age of majority, subject to subsection 54(6) of the Act, an Adoption Worker shall endeavour to complete a personal history of the grandparent of the person to be adopted before the adoption order is made.
Personal History of New Child
(1) A notice referred to in section 55, 58 or 61 of the Act of a child born to or adopted by a parent, natural parent, former adoptive parent of a child to be adopted, petitioner, person who intends to petition, or applicant before an adoption order is made may be in a form approved by the Director.
(2) Where the Registrar receives a notice referred to in subsection (1), the Registrar shall refer the notice to an Adoption Worker.
(3) As soon as is reasonably practicable after an Adoption Worker receives the notice referred to in subsection (1), the Adoption Worker shall complete a personal history of the child in accordance with sections 51, 52, 54 and 55.
Personal History After Adoption Order Made
(1) A request to complete a personal history under subsection 62(1) of the Act must be in writing.
(2) On receiving a request referred to in subsection (1), the Registrar shall arrange for an Adoption Worker to complete the personal history requested in accordance with sections 50 to 55 as soon as is reasonably practicable.
Updates of Personal Histories
(1) Where a personal history of a person or of his or her child who has not attained the age of 12 years has been deposited with the Adoption Registry, the person may notify the Registrar in writing that he or she wishes to update his or her personal history or the personal history of his or her child.
(2) On receiving a notice referred to in subsection (1), the Registrar shall arrange for an Adoption Worker to update the personal history requested as soon as is reasonably practicable.
(3) An update of a personal history must be in a form approved by the Director.
(4) Sections 51, 52, 54 and 55 apply to an update of a personal history with such modifications as the circumstances require.
Counselling Before Disclosure of Registry Information
DISCLOSURE OF REGISTRY
INFORMATION
(1) The Registrar, or an Adoption Worker authorized by the Registrar under section 62, shall provide counselling under section 63 and subsection 68(2) of the Act to the person requesting counselling or accepting the Director’s offer of counselling.
(2) The counselling under section 63 of the Act shall be to assist the person to prepare for receiving registry information.
(3) The counselling under subsection 68(2) of the Act shall be to assist the person to prepare for a reunion.
The Registrar may authorize an Adoption Worker to provide the counselling referred to in subsection 61(1) where the Registrar is satisfied that the Adoption Worker has sufficient training to provide the counselling.
Disclosure of Registry Information
(1) A person who wishes to receive registry information under subsection 64(1) of the Act must obtain a request for registry information form from the Registrar.
(2) The person must complete a request for registry information form and submit it to the Registrar together with proof satisfactory to the Registrar of the identity of the person and that he or she is a person who is entitled to receive registry information under subsection 64(1) of the Act.
(3) On receipt of a request for registry information form, the Registrar shall provide the person with written acknowledgement of receipt.
(4) The Registrar shall grant the request for registry information where the Registrar is satisfied that
(a) the person making the request is a person who is entitled to receive registry information under subsection 64(1) of the Act; and
(b) the adopted person has attained the age of majority.
(5) Within 10 days of the Registrar receiving a request for registry information form, the Registrar shall notify the person making the request whether the request has been granted or refused and
(a) if granted, indicate where, when and how the registry information will be disclosed; or
(b) if refused, indicate the reasons for refusing the request.
(6) Notice under subsection (5) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
(7) The Registrar shall disclose all registry information to which the person requesting registry information is entitled under subsection 64(1) of the Act unless the person specifies in the request for registry information form the particular registry information to which the person is entitled that he or she is requesting, in which case, the Registrar shall disclose only that registry information.
(8) The Registrar may disclose registry information in any of the following ways, as the Register decides:
(a) orally;
(b) by providing the person with a copy of the registry information;
(c) by allowing the person to examine the registry information.
(9) The Registrar shall disclose the registry information in accordance with subsection (8) to the person requesting registry information within 60 days of granting the request under subsection (4).
(1) A person who wishes to receive registry information under subsection 66(3) of the Act must obtain a request for registry information form from the Registrar.
(2) The person must complete the request for registry information form and submit it to the Registrar together with proof satisfactory to the Registrar of the identity of the person and that he or she is the adopted person or a natural parent of the adopted person.
(3) On receipt of a request for registry information form, the Registrar shall provide the person with written acknowledgement of receipt.
(4) The Registrar may grant the request for registry information, subject to receipt of the consent required under subsection 66(3) of the Act, where the Registrar is satisfied that
(a) the person making the request is the adopted person or a natural parent of the adopted person; and
(b) the adopted person has attained the age of majority.
(5) Within 10 days of the Registrar receiving the request for registry information form, the Registrar shall notify the person making the request whether the request has been granted, subject to receipt of the consent required under subsection 66(3) of the Act, or refused, and
(a) if granted, indicate where, when and how the registry information will be disclosed if the consent is obtained and that the Registrar is seeking the consent under subsection 66(4) of the Act to disclose the registry information; or
(b) if refused, indicate the reasons for refusing the request.
(6) Notice under subsection (5) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable. R-050-2001,s.6.
(1) Where the Registrar has granted the request for registry information under subsection 64(4), the Registrar shall conduct a search under subsection 66(4) of the Act.
(2) The Registrar shall notify the person whose request for registry information has been granted under subsection 64(4) of the status of the search every three months during the period of the search, and
(a) when the consent of the person has been obtained; or
(b) when the search is terminated and whether the Registrar will disclose, under subsection 66(4) of the Act, the registry information requested.
(3) Notice under subsection (2) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
(4) The Registrar shall disclose the registry information requested in the request for registry information form to the person requesting the information within 60 days of
(a) obtaining the consent referred to in subsection 66(3) of the Act; or
(b) the termination of the search where the Registrar decides to disclose the information under subsection 66(4) of the Act.
(5) A consent to the disclosure of registry information referred to in subsection 66(3) of the Act must be in a form approved by the Director.
(6) Subject to subsection (7), the Registrar shall disclose all registry information that relates to the adoption unless the person specifies in the request for registry information form the particular registry information that relates to the adoption that he or she is requesting, in which case, the Registrar shall disclose only that registry information.
(7) Where the consent of one but not both natural parents is given, the registry information requested by the adopted person about the natural parent who has given his or her consent may be disclosed if that information can reasonably be severed from the record containing information about the other natural parent.
(8) The Registrar may disclose registry information in any of the following ways, as the Register decides:
(a) orally;
(b) by providing the person with a copy of the registry information;
(c) by allowing the person to examine the registry information.
(1) A person who wishes to receive registry information under subsection 67(1) of the Act must obtain a request for registry information form from the Registrar.
(2) The person must complete the request for registry information form and submit it to the Registrar together with proof satisfactory to the Registrar of the identity of the person.
(3) On receipt of a request for registry information form, the Registrar shall provide the person with written acknowledgement of the request.
(4) Within 10 days of receiving the request for registry information form, the Registrar shall
(a) decide whether disclosure of the registry information requested, or any part of it, by 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; and
(b) notify the person making the request whether the request has been granted or refused and,
(i) if granted, indicate where, when and how the registry information will be disclosed; or
(ii) if refused, indicate the reasons for refusing the request.
(5) Notice under paragraph (4)(b) may be by any method and may be oral or in writing, but where oral notice is given it must be followed by written notice as soon as is reasonably practicable.
(6) Before registry information is disclosed under subsection 67(1) of the Act, the Director shall, if the Director considers it appropriate in the circumstances, offer counselling to the person requesting the information if he or she is a person who is a person entitled to receive registry information under section 64 or 66 of the Act, and, if the counselling is accepted, the Director shall make counselling available to that person to assist that person to prepare for receiving registry information.
(7) Where the Registrar decides to disclose the registry information requested, or a part of it, the Registrar shall disclose the information in accordance with subsection (8) to the person requesting the information within 60 days of the day on which the Registrar makes a decision under paragraph (4)(a) to grant the request.
(8) The Registrar may disclose registry information in any of the following ways, as the Register decides:
(a) orally;
(b) by providing the person with a copy of the registry information;
(c) by allowing the person to examine the registry information.
General
A request for registry information must be in a form approved by the Director.
Notwithstanding sections 63, 64 and 66, a person who wishes to receive registry information may make an oral request instead of submitting a request for registry information form if
(a) the person’s ability to read or write in an Official Language is limited; or
(b) the person has a physical disability or condition that impairs his or her ability to submit a request for registry information form.
Notwithstanding subsections 63(7) and 65(6), where particular registry information is requested, it may be disclosed if it can reasonably be severed from the registry information that is not requested.
(1) Registry information shall be disclosed in the language in which it is deposited with the Adoption Registry.
(2) A person may request the Registrar to translate all or part of the registry information disclosed to him or her into an Official Language.
(3) A request under subsection (2) may be made orally or in writing, but where the request is oral it must be followed by a written request as soon as is reasonably practicable.
(4) The Registrar shall estimate the cost of the translation requested and, if the person agrees to pay the cost incurred for the translation, the Registrar shall arrange for the translation.
(5) The person requesting the translation shall pay the cost incurred for the translation on receipt of the translated registry information.
(6) The Registrar may excuse a person from paying all or part of the cost incurred for the translation if, in the opinion of the Registrar, the person cannot afford the payment or, for any other reason, it is fair to excuse payment.
CONSULTATION REGISTER
In sections 72 to 74, "registered organization" means an organization that has registered under subsection 76(3) of the Act.
(1) A register is established at the headquarters office of the Department of Health and Social Services in Yellowknife, Northwest Territories for the purposes of registering organizations that wish to be consulted under subsection 76(4) of the Act.
(2) An organization that wishes to be added to the register may do so by contacting the Department of Health and Social Services
(a) by mail at Box 1320, Yellowknife, NT X1A 2L9;
(b) by fax at 867-873-0484;
(c) by telephone at 867-873-7155; or
(d) by any other means and to the persons that the Deputy Minister of the Department of Health and Social Services may designate from time to time.
(3) An organization that wishes to be added to the register shall provide the following information:
(a) the name of the organization; and
(b) the name, mailing address and, where available, fax number of a person who may be contacted on behalf of the organization and a telephone number at which that person may be reached.
(4) A person may review the contents of the register between 9 a.m. and 4 p.m., Monday to Friday. R-050-2001,s.3.
(1) A registered organization shall renew its registration once during each fiscal year of the Government of the Northwest Territories.
(2) The Minister may strike from the register a registered organization that does not renew its registration under subsection (1) and the Minister is not required to consult an organization that has been struck from the register until the organization registers again under section 72.
(1) A registered organization shall advise the Minister if any of the information about it that is contained in the register is not accurate or changes.
(2) The Minister is not responsible to ensure that the information contained in the register is accurate or complete.
MISCELLANEOUS
After an order is made under Part I of the Child and Family Services Act placing a child in the permanent custody of the Director of Child and Family Services or an application is made under Part II of the Child and Family Services Act for an order that a child be placed in the permanent custody of the Director of Child and Family Services, the Director of Child and Family Services shall
(a) in writing notify the Director of Adoptions of the order or application; and
(b) where the parent wishes to request that his or her child be placed with a particular person under subsection 18(5) of the Act, complete a form approved by the Director of Adoptions for that purpose and provide the form to the Director of Adoptions.
(1) The fees set out in Schedule A must be charged for the items listed, unless the Registrar waives the fee under subsection (2).
(2) The Registrar may excuse a person from paying all or part of a fee referred to in subsection (1) if, in the opinion of the Registrar, the person cannot afford the payment or, for any other reason, it is fair to excuse payment.
(1) The consent of the parent referred to in section 10 of the Act to the adoption of his or her child must be in Form 1 of Schedule B and the revocation of that consent referred to in section 12 of the Act must be in Form 2 of Schedule B.
(2) The consent of the Director of Child and Family Services referred to in section 21 of the Act to the adoption of a child must be in Form 3 of Schedule B and the revocation of that consent referred to in section 22 of the Act must be in Form 4 of Schedule B.
(3) The consent of a child who has attained the age of 12 years referred to in section 23 of the Act to his or her adoption must be in Form 5 of Schedule B and the revocation of that consent referred to in section 24 of the Act must be in Form 6 of Schedule B.
(4) The consent of a person who has attained the age of majority referred to in subsection 28(3) of the Act to his or her adoption must be in Form 7 of Schedule B and the revocation of that consent must be in Form 8 of Schedule B.
(5) The affidavit of the Director referred to in paragraphs 8(2)(a) and 19(2)(a) of the Act must be in Form 9 of Schedule B.
(6) The affidavit of a person in respect of the suitability of a petitioner or joint petitioner, as the case may be, to be an adoptive parent referred to in subsections 27(3) and 28(5) of the Act must be in Form 10 of Schedule B.
(7) The affidavit of the Director referred to in subsection 33(1) of the Act must be in Form 11 of Schedule B.
(8) The affidavit of a petitioner or joint petitioner, as the case may be, in support of the petition must be in Form 12 of Schedule B.
(9) The petition must be in Form 13 of Schedule B.
(10) The adoption order must be in Form 14 of Schedule B.
The Director may approve the forms referred to in these regulations that are to be approved by the Director.
These regulations come into force on the day on which the Adoption Act, S.N.W.T. 1998, c.9, comes into force.
SCHEDULE A
1. Pre-placement report prepared by an Adoption Worker......................................... $634
2. Pre-placement report prepared by a person authorized by the Director to prepare a pre-placement report .................................................................................. cost incurred
3. Family union report prepared by an Adoption Worker ......................................... $128
4. Family union report prepared by a person authorized by the Director to prepare a family union report .................................................................................. cost incurred
SCHEDULE B
FORM 1 (Subsection 77(1))
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of.................................................., a child. (name of child)
CONSENT OF PARENT
(Section 10 of the Adoption Act)
I,.............................................................................................of...................................................................................., (full name) (community) Northwest Territories, CERTIFY THAT I am the.................................... of.................................................................... (mother or father) (name of child) who was born at................................................................., ....................................................................................., (community) (province or territory) on........................................................................................................ and of my own free will and accord consent (month, day, year) to the adoption of ..................................................................................................................... under the Adoption Act, (name of child)
understanding that I am by this consent divesting myself of the custody, and all legal rights in respect of the child.
SIGNED by me at..........................................................., Northwest Territories, on ................................................... (community) (month, day, year)
SIGNED IN THE PRESENCE OF
..................................................................................... ..................................................................................... (signature of witness) (signature of mother or father)
..................................................................................... (signature of interpreter)
FORM 2 (Subsection 77(1))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of.................................................., a child. (name of child)
REVOCATION OF CONSENT OF PARENT
(Section 12 of the Adoption Act)
I,.............................................................................................of...................................................................................., (full name) (community) Northwest Territories, CERTIFY THAT I am the.............................. of ...................................................................... (mother or father) (name of child) who was born at................................................................., ....................................................................................., (community) (province or territory) on........................................................................................................ and of my own free will and accord revoke my (month, day, year) consent to the adoption of ........................................................................................................ under the Adoption Act, (name of child) which was given by me at................................................................., Northwest Territories, on ..................................... (community) (month, day, year)
SIGNED by me at..........................................................., Northwest Territories, on ...................................................... (community) (month, day, year)
SIGNED IN THE PRESENCE OF
..................................................................................... ..................................................................................... (signature of witness) (signature of mother or father)
..................................................................................... (signature of interpreter)
FORM 3 (Subsection 77(2))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of.................................................., a child. (name of child)
CONSENT OF DIRECTOR OF CHILD AND FAMILY SERVICES
(Section 21 of the Adoption Act)
I,.............................................................................................of...................................................................................., (full name) (community) Northwest Territories, Director of Child and Family Services, CERTIFY THAT ......................................................... (name of child) who was born at................................................................., ........................................................................................., (community) (province or territory) on .............................................................................. was placed in the permanent custody of the Director of Child (month, day, year) and Family Services by an order under paragraph 28(1)(d) (or subsection 38(1)) of the Child and Family Services Act made on ........................................................., which is in effect, and I consent to the adoption of the child under the (month, day, year) Adoption Act by the Petitioner (or joint Petitioners) .......................................................................................................
SIGNED by me at.................................................., Northwest Territories, on ............................................................... (community) (month, day, year)
SIGNED IN THE PRESENCE OF
..................................................................................... ..................................................................................... (signature of witness) (signature of Director of Child and Family Services)
FORM 4 (Subsection 77(2))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of ....................................................., a child. (name of child)
REVOCATION OF CONSENT OF
DIRECTOR OF CHILD AND FAMILY SERVICES
(Section 22 of the Adoption Act)
I,.................................................................................... of......................................................................................, (full name) (community) Northwest Territories, Director of Child and Family Services, CERTIFY THAT:
1. The order under paragraph 28(1)(d) (or subsection 38(1)) of the Child and Family Services Act made on
.............................................................. placing ................................................................................................ (month, day, year) (name of child) who was born at................................................................, ...................................................................................... (community) (province or territory) on .................................................. in the permanent custody of the Director of Child and Family Services is in (month, day, year) effect, and I revoke my consent to the adoption of .................................................................................. under the (name of child) Adoption Act by the Petitioner (or joint Petitioners) ................................................................................................,
which was given by me at ............................................., Northwest Territories, on ................................................. (community) (month, day, year)
2. The reasons for revoking my consent are as follows:
.................................................................................................................................................................................
................................................................................................................................................................................. SIGNED by me at......................................................, Northwest (community)
SIGNED IN THE PRESENCE OF
................................................................................. (signature of witness) SIGNÉ par moi à ........................................................, dans (collectivité)
SIGNÉ EN PRÉSENCE DE
..................................................................................... (signature du témoin)
FORM 5 (Subsection 77(3))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of ..................................................., a child. (name of child)
CONSENT OF CHILD
(Section 23 of the Adoption Act)
I,...................................................................................of.............................................................................................., (full name) (community) Northwest Territories, CERTIFY THAT:
1. I was born at........................................................................, ................................................................................., (community) (province or territory) on ............................................... and of my own free will and accord consent to my adoption under the Adoption (month, day, year) Act.
2. Before making this consent, the Director (or an Adoption Worker) explained to me the effect of an adoption, and when a consent may be given or revoked, and how I may obtain legal advice.
SIGNED by me at....................................................., Northwest Territories, on ........................................................... (community) (month, day, year)
SIGNED IN THE PRESENCE OF
................................................................................. ................................................................................. (signature of witness) (signature of child)
................................................................................. (signature of interpreter)
FORM 6 (Subsection 77(3))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of ........................................................, a child. (name of child)
REVOCATION OF CONSENT OF CHILD
(Section 24 of the Adoption Act)
I,...............................................................................of.............................................................................................., (full name) (community) Northwest Territories, CERTIFY THAT I was born at.............................................................................................., (community) .............................................................................................. on ............................................................... and of my (province or territory) (month, day, year) own free will and accord revoke my consent to my adoption under the Adoption Act, which was given by me at ......................................................, Northwest Territories, on ................................................................ (community) (month, day, year)
SIGNED by me at.................................................................., Northwest Territories, on ............................................... (community) (month, day, year)
SIGNED IN THE PRESENCE OF
................................................................................. ................................................................................. (signature of witness) (signature of child)
................................................................................. (signature of interpreter)
FORM 7 (Subsection 77(4))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of...................................................., a person (name of person) who has attained the age of majority.
CONSENT OF PERSON WHO HAS ATTAINED THE AGE OF MAJORITY
(Section 23 and subsections 28(2) and (3) of the Adoption Act)
I,................................................................................of............................................................................................., (full name) (community) Northwest Territories, CERTIFY THAT:
1. I was born at ................................................................, .......................................................................................... (community) (province or territory) on ...................................................................... and of my own free will and accord consent to my adoption under (month, day, year) the Adoption Act.
2. Before making this consent, the Director (or an Adoption Worker) explained to me the effect of an adoption, and when a consent may be given or revoked, and how I may obtain legal advice.
SIGNED by me at....................................................., Northwest Territories, on ................................................. (community) (month, day, year)
SIGNED IN THE PRESENCE OF
................................................................................. ................................................................................. (signature of witness) (signature of person)
................................................................................. (signature of interpreter)
FORM 8 (Subsection 77(4))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of an Application for the adoption of ......................................................, a person (name of person) who has attained the age of majority.
REVOCATION OF CONSENT OF PERSON
WHO HAS ATTAINED THE AGE OF MAJORITY
(Section 24 and subsections 28(2) and (3) of the Adoption Act)
I,................................................................................... of........................................................................................, (full name) (community) Northwest Territories, CERTIFY THAT I was born at ..................................................., ............................................. (community) (province or territory) on .................................................... and of my own free will and accord revoke my consent to my adoption under (month, day, year) the Adoption Act, which was given by me at.............................................., Northwest Territories, on ............................ (community) (month, day, year)
SIGNED by me at....................................................., Northwest Territories, on ........................................................ (community) (month, day, year)
SIGNED IN THE PRESENCE OF
................................................................................. ................................................................................. (signature of witness) (signature of person)
................................................................................. (signature of interpreter)
FORM 9 (Subsection 77(5))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of a petition for the adoption of........................................................, a ...................................child (or person), (given name(s)) (sex of child or person who has attained the age of majority)
Birth Registration No......................................., by ...............................................
AFFIDAVIT OF DIRECTOR OF ADOPTIONS
(Paragraphs 8(2)(a) and 19(2)(a) of the Adoption Act)
I,.......................................................................................... of................................................................................, (full name) (community) Northwest Territories, Director of Adoptions, make oath and say as follows:
1. I have reviewed the family union report prepared by ......................................., dated .......................................... (month, day, year)
2. My views on the adoption are ............................... ...............................................................................................
..............................................................................................................................................................................
..............................................................................................................................................................................
3. My recommendation with respect to the adoption is ...........................................................................................
...........................................................................................................................................................................
........................................................................................................................................................................... at ...............................................................
on .............................................................. (month, day, year)
.................................................................................
NOTE: This affidavit must be signed before a person authorized à .............................................................................,
le ............................................................................., (jour, mois, année)
.................................................................................
NOTE : Le présent affidavit doit être signé devant une personne affidavits.
FORM 10 (Subsection 77(6))
IN THE MATTER of the Adoption Act;
IN THE MATTER of a petition for the adoption of........................................................, a ...................................child (or person), (given name(s)) (sex of child or person who has attained the age of majority)
Birth Registration No......................................., by ...............................................
AFFIDAVIT IN SUPPORT OF PETITION
(Subsections 27(3) and 28(5) of the Adoption Act)
I,........................................................................................ of...................................................................................., (full name) (community) Northwest Territories, make oath and say as follows:
1. I reside at................................................................., Northwest Territories. (community)
2. I am acquainted with the Petitioner (or joint Petitioner), ......................................................................................
3. The Petitioner (or joint Petitioner) is in my opinion suitable to be an adoptive parent.
4. The Petitioner (or joint Petitioner) maintains a home at......................................................, Northwest Territories. (community) It is a good home and a fit and proper place for a child to be reared in and I believe that the Petitioner (or joint Petitioner) is able to and will properly care for ................................................................................................... (given name(s) of child or person) at .............................................................................
on ............................................................................ (month, day, year)
..................................................................................
................................................................................. (signature of interpreter)
NOTE: This affidavit must be signed before a person authorized à .............................................................................,
le ............................................................................ (jour, mois, année)
..................................................................................
................................................................................. (signature de l’interprète)
NOTE : Le présent affidavit doit être signé devant une personne affidavits.
FORM 11 (Subsection 77(7))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of a petition for the adoption of........................................................, a ...................................child (or person), (given name(s)) (sex of child or person who has attained the age of majority)
Birth Registration No......................................., by ...............................................
AFFIDAVIT OF DIRECTOR OF ADOPTIONS
(Subsection 33(1) of the Adoption Act)
I,........................................................................................ of...................................................................................., (full name) (community)
Northwest Territories, Director of Adoptions, make oath and say as follows:
1. ............................................................................ was placed in the permanent custody of the Director of Child (given name(s) of child or person) and Family Services by an order under paragraph 28(1)(d) (or subsection 38(1)) of the Child and Family Services Act made on ..................................................., (and that order is in effect.) (month, day, year)
2. The Petitioner ............................................(or Each of the joint Petitioners....................................................... and ........................................................) is in my opinion suitable to be an adoptive parent.
3. ................................................................................... has been in the care of the Petitioner (or each of the joint (given name(s) of child or person) Petitioners) as follows: .......................................................................................................................................
............................................................................................................................................................................. at ............................................................
on ........................................................... (month, day, year)
.................................................................................
NOTE: This affidavit must be signed before a person authorized à .............................................................................,
le ............................................................................., (jour, mois, année)
.................................................................................
NOTE : Le présent affidavit doit être signé devant une personne affidavits.
FORM 12 (Subsection 77(8))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of a petition for the adoption of........................................................, a ...................................child (or person), (given name(s)) (sex of child or person who has attained the age of majority)
Birth Registration No......................................., by ...............................................
AFFIDAVIT OF PETITIONER (or JOINT PETITIONER)
I, ........................................................................... of..............................................................................................., (full name) (community) Northwest Territories, make oath and say as follows:
1. Marked as Exhibit "A" to this affidavit is my petition for an adoption order for the adoption of ................................................................................, Birth Registration No. ...................................................... (given name(s) of child or person)
2. I am ..................................years of age.
3. I am an unmarried person and not the spouse of a person who is married.
OR I am the spouse of ......................................................., who has joined me in this petition and neither of us is married to another person.
OR I am the spouse of ..........................................................................................., who is the (mother or father) of ..........................................................................., and neither of us is married to another person. (given name(s) of child or person)
4. On ............................................... ......, at ......................................................, I married ......................................... (month, day, year) (who has joined me in this petition) and the marriage still subsists.
OR
I am living in a conjugal relationship outside marriage with ............................................................ (who has joined me in this petition) and we have so lived since .................................................... (and we are together the parents (month, day, year) of a child).
5. I am (not) related to .................................................................................. (as follows):
...............................................................................................................................................................................
6. No agreement or arrangement exists by which consideration is passing to or from the Petitioner or joint Petitioners in respect of the adoption of ........................................................ . (given name(s) of child or person)
OR
The terms of the agreement or arrangement referred to in the petition by which consideration is passing to or from the Petitioner or joint Petitioners in respect of the adoption of .................................... are as follows: (given name(s) of child or person)
.........................................................................................
7. Marked as Exhibit "B" to this affidavit is the document (or are the documents) relating to the agreement or arrangement referred to in section 6 of this affidavit.
SWORN before me at.............................................................................. (place) on............................................................................. (month, day, year)
................................................................................. ................................................................................. (signature of Petitioner or joint Petitioner)
................................................................................. (signature of interpreter)
NOTE: This affidavit must be signed before a person authorized to take affidavits by the Evidence Act.
FORM 13 (Subsection 77(9))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of a petition for the adoption of........................................................, a ...................................child (or person), (given name(s)) (sex of child or person who has attained the age of majority)
Birth Registration No......................................., by ........................................................................... of................................................., Northwest Territories, (name of petitioner or joint petitioner) (community) (and ............................................................... of.........................................................., Northwest Territories) (name of joint petitioner) (community)
PETITION
(Subsection 27(1) of the Adoption Act)
TAKE NOTICE that the Petitioner (or joint Petitioners) hereby applies (or apply) to the Supreme Court of the Northwest Territories for an adoption order for the adoption of .................................................................................... (given name(s) of child or person) by the Petitioner (or the joint Petitioners) under the Adoption Act, and that
.................................................................... (given name(s) of child or person) be given the name of ................................................................. (given name(s) and surname)
AND FURTHER TAKE NOTICE that in support of this Petition will be read the affidavit (or affidavits) of .................................................................................................................................................................................., (state names) copies of which are served with this Petition.
FACTS
The facts on which this Petition is based are as follows:
1. The Petitioner is (or joint Petitioners are) desirous of adopting as his (or her) (or their) child.................................. ...................................................................................., Birth Registration No. ................................................... (given name(s) of child or person)
2. The consent of ................................................................................................................................................... ........................................................................................................................................................................... (parent, Director of Child and Family Services, child who has attained the age of 12 years or person who has attained the age of majority) to the adoption of .................................................................. has been obtained. (given name(s) of child or person)
3. The consent of ............................................................................................................. to the adoption of (parent or child who has attained the age of 12 years) ....................................................................................... has not been given (or has been revoked). (given name(s) of child or person)
4. An agreement or arrangement exists by which consideration is passing to or from the Petitioner (or joint Petitioners) in respect of the adoption of ......................................................... (given name(s) of child or person)
DATED AT ................................................................., Northwest Territories, on ................................................. (community) (month, day, year) and delivered by ..............................................................., solicitor (or agent) for ........................................................ (or the Petitioner)(or the joint Petitioners), whose address for service is ...................................................................
................................................................................................ (Signature of solicitor, agent, Petitioner or joint Petitioners)
ISSUED out of the office of the Clerk of the Supreme Court of the Northwest Territories, at ............................................................................, Northwest Territories, on .................................................................. (community) (month, day, year)
....................................................................... (Seal) (Clerk of the Supreme Court)
TO: (Insert name and address of each person to be served, if applicable)
FORM 14 (Subsection 77(10))
IN THE MATTER of the Adoption Act;
AND IN THE MATTER of a petition for the adoption of.................................................................. , (given name(s)) a ..................................... child (or person), (sex of child or person who has attained the age of majority)
Birth Registration No. ...............................
BEFORE THE HONOURABLE ) .................. day, the.......................day ........JUSTICE............................................ ) of.........., ........... at..............................................................., ) (year) (community) Northwest Territories )
ADOPTION ORDER
ON READING the petition of .....................................................(and ................................................), who resides (or reside) at ......................................................................................................, dated on ................................, (address of Petitioner or joint Petitioners) (month, day, year) and filed, and the family union report, affidavits and exhibits in support of the petition, including a certificate in respect of the registration of the birth of ........................................................................................................... born (given name(s) of child or person) on................................................ at ............................................................, .............................................................. (month, day, year) (community) (province or territory) together with the affidavit (or affidavits) of the Director of Adoptions;
AND IT APPEARING that the consent of ................................................................................................................ ..................................................................................................................................................................................... (parent, Director of Child and Family Services, child who has attained the age of 12 years or person who has attained the age of majority) has been obtained;
AND IT APPEARING that the consent of ............................................................................................ has not (parent or child who has obtained the age of 12 years) been given or has been revoked, and dispensing with the consent of ............................................................................; (parent or child who has attained the age of 12 years) AND IT APPEARING that all the other requirements of the Adoption Act have been complied with except where dispensed with or waived by this Honourable Court under the Adoption Act;
AND ON HEARING what was alleged on behalf of the Petitioner (or joint Petitioners);
AND ON THIS HONOURABLE COURT being satisfied that
For adoption of child:
(a) the Petitioner is (or joint Petitioners are) capable and willing to assume the responsibilities of a parent (or parents) toward ..................................................................; (given name(s) of child) (b) the Petitioner has (or joint Petitioners have) demonstrated an understanding and appreciation of the issues related to adoption for ................................................................... and for the petitioner as an adoptive (given name(s) of child) parent (or joint petitioners as adoptive parents) of ...................................................................; (given name(s) of child)
(c) the adoption is in the best interests of ...................................................................; and (given name(s) of child)
(d) the requirements of the Adoption Act have been complied with, except where dispensed with or waived by this Honourable Court under the Adoption Act.
OR, for adoption of person who has attained the age of majority:
(a) the Petitioner has (or joint Petitioners have) supported and treated as his (or her) (or their) own son (or daughter), ........................................................................., from the time he (or she) began to live with the (given name(s) of person) Petitioner (or joint Petitioners) until he (or she) attained the age of majority;
(b) the Petitioner is (or joint Petitioners are) capable and willing to assume the responsibilities of a parent (or parents) toward ................................................................; (given name(s) of person)
(c) the adoption is in the best interests of .............................................................; (given name(s) of person)
(d) it is not contrary to the public interest to issue an order of adoption; and
(e) the requirements of the Adoption Act have been complied with, except where dispensed with or waived by this Honourable Court under the Adoption Act. IT IS ORDERED AND ADJUDGED that the petition of ................................................................. (and ...........................................................) be and the same is hereby granted, and that .......................................................
is hereby declared to be, as of the date of this order, the adopted child of the Petitioner (or joint Petitioners) and shall bear the given name (or given names) and surname of ...................................................................................................
Add the following for a step-parent adoption:
AND IT IS CONFIRMED, for the purposes of registration under the Vital Statistics Act or a similar Act of another
jurisdiction, that .............................................................. remains the child of .............................................................., (given name(s) of child or person)
the spouse of the Petitioner.
ENTERED this ....... .day of ............................., ......... (year)
................................................................................. ................................................................................. (signature of Clerk of the Court) (signature of Judge of the Supreme Court)