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#13 - Adoption

Standard

A lawyer must not provide any payment or reward in consideration of a placement for adoption or for the procuring of a child for the purpose of adoption.


REFERENCE MATERIALS

Notes

1.  Children and Family Services Act, SNS 1990, c. 5, s. 69(3)

"69 (3) Any person who gives or receives, or agrees to give or to receive, any payment or reward, directly or indirectly,
(a) in consideration of the placement for adoption of a child; or
(b) to procure a child for the purpose of adoption, is guilty of an offence and upon summary conviction is liable to a fine of not more than ten thousand dollars or to imprisonment for a term of not more than two years or to both. 1990, c. 5, s. 69."

2.  Hague Adoption Convention, 29 May 1993 article 4 c (3)

"An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin -
c) have ensured that
(3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn"

3.  United Nations Convention on the Rights of the Child. Sixth Session 13-31 January 2014-

The criminalization of improperly inducing consent by intermediates without influence or payment.

Related Legislation

Children and Family Services Act, SNS 1990, c. 5, ss 67-87
Vital Statistics Act, RSNS 1989, c. 494, ss 13-14

Case Law

D. v. Nova Scotia (Community Services), [2015] N.S.J. No. 101, 2015 NSSC 74: The maternal grandmother and foster parents of the child sought standing in an adoption proceeding. A permanent care and custody order was in place. The only parties to the adoption were the Minister and the adoptive parents. Determined that adoption proceedings are private and the Children and Family Services Act does not authorize persons such as the applicants to be parties or intervenors. There was no legislative gap warranting use of parens patriae powers.

Practice Tips

For private adoptions from other jurisdictions, the requirements of section 70A(l) of the CFSA must be met prior to filing a Notice of Proposed Adoption. Review this document re:Private Adoptions from Other Jurisdictions.

Nova Scotia Civil Procedure Rule 61: Adoption

Forms

Nova Scotia Civil Procedure Rule 61: Adoption

Online Resources

"Hague Convention", Bureau of Consular Affairs, U.S. Department of State

"33: Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption", Hague Conference on Private International Law

"International Adoption", Nova Scotia Department of Community Services

Family Law Nova Scotia

Frequently Asked Questions about Adoption (from Family Law Nova Scotia site)

Approved by Council on January 20, 2012