The Adoption Act

The Adoption Act, C.C.S.M. c. A2 (Assented to June 28, 1997) bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION AND ADMINISTRATION 1 Definitions 2 Purpose of the Act 3 Best interests of child ADMINISTRATION 4 Director 5 Duties and powers of director 6 Proceedings re furnishing information prohibited 7 Central adoption registry 8 Repealed 9 Licence required for adoption agency PART 2 GENERAL ADOPTION PROVISIONS 10 Adult may adopt a person 11 Child to reside in Manitoba prior to adoption application CONSENTS 12 Consents required for adoption of permanent ward 13 Consents required for other adoptions 14 Effect of consent to be explained 15 Certification of consents 16 Time of execution of consent 17 Affidavit of execution of consent 18 Copy of consent to director 19 Waiver of parent's consent 20 Dispensing with consent of person 12 years of age or older 21 Wishes of child under 12 to be taken into account 22 Withdrawal of consent 23 Consent executed outside Manitoba DECLARATION OF PARENTAGE 24 No placement pending declaration of parentage 25 No adoption pending declaration of parentage NOTICE TO BIRTH FATHERS 26 Notice to birth fathers APPLICATION FOR ADOPTION 27 Service on person required to consent 28 Surviving person may apply for order of adoption 29 Order where one applicant dies ORDER OF ADOPTION 30 Order of adoption STATUS OF ADOPTED CHILD 31 Status of adopted child ADOPTIONS OUTSIDE MANITOBA 32 Adoptions outside Manitoba OPENNESS AGREEMENTS 33 Openness agreements FINANCIAL ASSISTANCE 34 Financial assistance for person adopting a child PART 3 CATEGORIES OF ADOPTIONS DIVISION 1 — ADOPTION OF PERMANENT WARD 35 Placement and adoption of permanent ward 36 Application for placement 37 Homestudy conducted 38 Copy of homestudy 39 Where applicant suitable 40 Review by director 41 Foster parent adoption PLACEMENT OF CHILD 42 Placement of child 43 Placement outside Manitoba 44 Placement following voluntary surrender of guardianship 45 Adoption placement agreement 46 Date of placement 47 Removal of child 48 Supervision of placement APPLICATION FOR ADOPTION ORDER 49 Application for adoption order 50 Documents filed in support of application DIVISION 2 — PRIVATE ADOPTIONS 51 Who may place PLACING A CHILD FOR ADOPTION OUTSIDE OF MANITOBA 52 Application to approve out of province placement PLACING A CHILD FOR ADOPTION IN MANITOBA 53 Receiving person to notify agency 54 Placing person to notify agency 55 Director may waive or extend time for notification 56 Duties of agency 57 Consideration of homestudy previously prepared 58 Copy of homestudy 59 Placement approved 60 Placement not approved 61 Review by director WHEN CHILD MAY BE PLACED FOR ADOPTION 62 Placement after consents given 63 Date of placement 64 Supervision of placement following approval APPLICATION FOR ADOPTION ORDER 65 Application for order of adoption 66 Service of application for order of adoption 67 Documents in support of application 68 Order of judge DIVISION 3 — INTERCOUNTRY ADOPTIONS ADOPTIONS WITHIN THE SCOPE OF THE HAGUE CONVENTION 69 Hague Convention adoption 70 Conversion of adoption ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION 71 Application for placement from another country 72 Application in another country DIVISION 4 — DE FACTO ADOPTIONS 73 Application 74 Service of application 75 Investigation by agency 76 Documents in support of application 77 Order of judge DIVISION 5 — EXTENDED FAMILY ADOPTIONS 77.1 Definition of "applicant" 78 Placement of a child with member of extended family 79 Where director's approval required 80 Applying for director's approval 81 Application for order of adoption 82 Service of application 82.1 Investigation by agency 83 Period of residence 84 Time requirements 85 Documents in support of application 86 Repealed 87 Order of judge DIVISION 6 — ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT 88 Application 89 Service of application 90 Documents in support of application 91 Report of agency 92 Application for access DIVISION 7 — ADOPTION OF AN ADULT 93 Application 94 Conditions for adoption of adult 95 Director not served 96 Documents in support of application 97 Effect of order PART 4 ONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTRY 98 Definitions 99 Conflict with other Acts ADOPTION PROCEEDINGS 100 Adoption proceedings closed to public COURT RECORDS 101 Court records are confidential 102 Court order required to search court records ADOPTION RECORDS IN CUSTODY OF DIRECTOR OR AGENCY 103 Records of director or agency 104 Exception re disclosure of information 105 Exception re disclosure for research purposes 105.1 Restriction on disclosure of vital statistics documents 106 Protection from liability CONTACT BY THE DIRECTOR 107 Contact by the director DISCLOSURE OF PRE-ADOPTION BIRTH REGISTRATIONS 107.1 Disclosure to adult adoptee born in Manitoba and adopted in Manitoba 107.2 Disclosure to adult adoptee born in Manitoba but adopted outside Manitoba 107.3 Disclosure to parent of adult adoptee born in Manitoba and adopted in Manitoba 107.4 Disclosure to parent of adoptee born in Manitoba but adopted outside Manitoba 107.5 Disclosure upon application of adopted aboriginal person 107.6 Summary of birth information for adult adoptee not born in Manitoba DISCLOSURE OF ADOPTION ORDERS 107.7 Disclosure of adoption order GENERAL PROVISIONS 107.8 Document not available 107.9 General requirements for information 108-111 Repealed DISCLOSURE VETOES 112 Disclosure veto CONTACT VETOES FILED UNDER FORMER ACT 113 Contact veto under former Act CONTACT PREFERENCES 113.1 Contact preference by adoptee or parent POST-ADOPTION REGISTRY 114 Post-adoption registry continued 115 Purpose of registry 116 Information on registry 117 Disclosure of information from registry 118 Request for search by adult adoptee 118.1 Request for search by birth parents or siblings 119 Request for search by adoptive parent or guardian 119.1 Request for search if adoptee has died 119.2 Cancelling registration or search request 119.3 Limits on search 119.4 Search results 119.5 Disclosure of information to other jurisdictions PART 5 OFFENCES AND PENALTIES 120 Paying or accepting payment for adoption 121 Placing child outside of Manitoba 122 Identifying person involved in adoption proceeding 123 Contravening a contact veto 123.1 Contravening a contact preference 124 Operating adoption agency without a licence 125 Advertising 126 Penalty PART 6 REGULATIONS 127 Regulations PART 7 Repealed 128-130 Repealed PART 8 CONSEQUENTIAL AMENDMENTS 131 Amendments to C.C.S.M. c. C80 132 Amendments to C.C.S.M. c. F20 133 Amendment to C.C.S.M. c. I85 134 Amendment to C.C.S.M. c. V60 PART 9 C.C.S.M. REFERENCE AND COMING INTO FORCE 135 C.C.S.M. reference 136 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTERPRETATION AND ADMINISTRATION Definitions 1(1) In this Act, "adoptee" means a person who was adopted; "adoption agency" means an adoption agency referred to in section 9; (« agence d'adoption ») "adoptive parent" means a person who has adopted a child; (« parent adoptif ») "adult adoptee" means a person who was adopted and is now over the age of majority; "agency" means a child and family services agency or an adoption agency; (« agence ») "appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act ; (« Commission d'appel ») "associate judge" means an associate judge as defined in The Court of King's Bench Act ; (« juge adjoint ») "authority" means a Child and Family Services Authority established in The Child and Family Services Authorities Act ; (« régie ») "birth father" means the man who (a) is a child's biological father, (b) acknowledges that he is the biological father of a child, or (c) is named by the birth mother as the child's biological father; (« père naturel ») "birth mother" means a woman who gave birth to a child; (« mère naturelle ») "birth parent" means a birth mother or a birth father; "central adoption registry" means the registry continued under section 7; (« registre central d'adoption ») "child" means a person under the age of majority; (« enfant ») "child and family services agency" means a child and family services agency as defined in The Child and Family Services Act and includes an extra-provincial agency; (« office de services à l'enfant et à la famille ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with them in a conjugal relationship of some permanence; (« conjoint de fait ») "court" means the Court of King's Bench of Manitoba (Family Division); (« tribunal ») "director" means the director referred to in section 4; (« directeur ») "extended family" includes, in addition to the persons in the definition of "family", aunts, uncles and cousins of a parent and a spouse or common-law partner of any of those persons; (« famille élargie ») "extra-provincial agency" means (a) the minister or another official of any government of a province or territory of Canada charged with the administration of the adoption of children in that province or territory, or (b) any other organization or government official outside of Manitoba, having the right under the laws of a province, state or country to provide adoption services; (« agence extraprovinciale ») "family" means a child's parents, step-parents, siblings, grandparents, aunts, uncles, cousins, any person in loco parentis to the child and the spouse or common-law partner of any of those persons; (« famille ») "former Act" means The Adoption Act , S.M. 1997, c. 47, as it read immediately before the coming into force of this Act, and includes any predecessor Act; (« loi antérieure ») "foster parent" means a person, other than the child's parent, who provides care and supervision to a child who was placed in the person's home by a child and family services agency other than for the purpose of adoption; (« parent d'accueil ») "guardian" means a person, other than the child's parent, who has been appointed guardian of the person of the child by a court of competent jurisdiction; (« tuteur ») "homestudy" means an assessment process between a prospective adoptive parent and a person providing adoption services for an agency which results in a written report as to the suitability and capability of the prospective adoptive parent to be an adoptive parent and includes a recommendation of the agency regarding placing a child with the person for the purpose of adoption; (« évaluation ») "Indian" means an Indian within the meaning of the Indian Act (Canada); (« Indien ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "openness agreement" means an agreement referred to in section 33; (« accord de communication ») "parent" means a parent under Part 2 of The Family Law Act or an adoptive parent; (« parent ») "permanent ward" means a child whose permanent guardian is (a) the director or a child and family services agency either by (i) voluntary surrender of guardianship of the child under section 16 of The Child and Family Services Act , or (ii) an order of the court under clause 38(1)⁠(f) of that Act, or (b) an extra-provincial agency; (« pupille de l'État ») "post-adoption registry" means the registry continued under section 114; (« registre postadoption ») "prescribed" means prescribed by regulation; (Version anglaise seulement) "record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« document ») "voluntary surrender of guardianship" means a voluntary surrender of guardianship under section 16 of The Child and Family Services Act . (« renonciation volontaire à la tutelle ») Determining appropriate child and family services agency 1(2) In any provision of this Act, a reference to the "appropriate child and family services agency" means the child and family services agency mandated by an authority under The Child and Family Services Act to provide adoption services to the person specified in the provision, as determined in accordance with The Child and Family Services Authorities Act and the protocol established in the regulations under that Act. Registered common-law relationship 1(3) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence. S.M. 2001, c. 9, s. 29 ; S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 ; S.M. 2002, c. 48, s. 28 ; S.M. 2014, c. 25, s. 2 ; S.M. 2017, c. 8, s. 42 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 ; S.M. 2023, c. 34, s. 48 . Purpose of the Act 2 The purpose of this Act is to provide for new and permanent family ties through adoption, giving paramount consideration in every respect to the child's best interests. Best interests of child 3 All relevant factors shall be considered in determining the child's best interests, including (a) the safety of the child; (b) the child's opportunity to have a parent-child relationship as a wanted and needed member of a family; (c) the child's mental, emotional, physical and educational needs and the appropriate care or treatment, or both, to meet such needs; (d) the child's mental, emotional and physical stage of development; (e) the child's sense of continuity and need for permanency with the least possible disruption; (f) the child's cultural, linguistic, racial and religious heritage; (g) the views and preferences of the child where they can reasonably be ascertained; and (h) the effect upon the child of any delay in the final disposition of the proceedings. ADMINISTRATION Director 4 The director for the purposes of administering this Act is the Director of Child and Family Services appointed under The Child and Family Services Act . Duties of director 5(1) Under the control and direction of the minister, the director shall (a) administer and enforce the provisions of this Act; (b) advise the minister on matters relating to adoption and adoption services; (c) license adoption agencies in accordance with the regulations; (d) advise child and family services agencies and adoption agencies; (e) ensure the development and establishment of standards of services and practices and procedures for adoption services provided to children and families; (f) ensure that child and family services agencies and adoption agencies are providing the standard of services and are following the practices and procedures established under clause (e) and by the provisions of this Act and the regulations; (g) receive and hear complaints from any person affected by the actions of child and family services agencies and adoption agencies; (h) ensure the development of appropriate adoption placement resources for children; and (i) perform such other duties as may be required by this Act, the regulations, or the minister. Inspection powers 5(2) The director may at any reasonable time enter any premises of a child and family services agency or an adoption agency and make any inspection that is reasonably required for the purpose of determining compliance with this Act and the regulations and in the case of an adoption agency, with any condition of its licence, and, without limitation, the director may (a) examine, and require the production of, any records of the agency that are relevant for the purposes of the inspection; (b) require any person who in the opinion of the director is able to give information relating to any matter being investigated by the director (i) to furnish information to the director, and (ii) to produce and permit the director to make a copy of any record that, in the opinion of the director, relates to the matter being investigated; but nothing in this clause abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client; and (c) on giving a receipt for it, remove any record from the premises to make copies. General powers of director 5(3) For the purpose of carrying out the provisions of this Act, the director may (a) conduct enquiries and carry out investigations with respect to matters under this Act; (b) establish procedures to hear complaints under this Act; (c) solicit, accept and review reports from individuals or organizations concerned or involved with the adoption of children; (d) issue written directives to child and family services agencies or adoption agencies; and (e) do any other thing in accordance with this Act that the minister may require. Delegation by director 5(4) The director may, in writing, authorize a person or a child and family services agency to perform any of the director's duties or exercise any of the director's powers and may pay reasonable fees and out-of-pocket expenses to the person or the child and family services agency. Proceedings re furnishing information prohibited 6 No proceedings lie against a person by reason of their compliance with a requirement of the director to furnish information or produce any record, or by reason of answering any question in an investigation by the director. Central adoption registry 7(1) The central registry established by the director under The Child and Family Services Act is continued as the central adoption registry. Information on registry 7(2) The director shall enter on the central adoption registry (a) the names of and relevant information about prospective adoptive parents approved by agencies for the adoption of children under Division 1 or 3 of Part 3 of this Act; and (b) the names of and relevant information about permanent wards who are available for adoption. 8 [Repealed] S.M. 2017, c. 8, s. 42 . Licence required for adoption agency 9(1) The director may license a corporation to which Part XXII of The Corporations Act applies as an adoption agency in accordance with the regulations. Appeal to appeal board 9(1.1) Upon making a decision to refuse, suspend, cancel or not renew a licence, the director must provide reasons for doing so and advise the person affected of the right to appeal the matter to the appeal board. Appeal to appeal board 9(2) A person who is refused a licence or whose licence is suspended, cancelled or not renewed may appeal the decision to the appeal board, and the provisions of The Social Services Appeal Board Act apply with respect to the appeal. 9(3) [Repealed] S.M. 2001, c. 9, s. 29 . Continuity of adoption services 9(4) Where the director refuses to renew or suspends or cancels the licence of an adoption agency, the director shall in writing direct a child and family services agency to assume responsibility for the delivery of services to any person receiving services from the adoption agency in accordance with the regulations. S.M. 2001, c. 9, s. 29 . PART 2 GENERAL ADOPTION PROVISIONS Adult may adopt a person 10 An adult who resides in Manitoba may apply to adopt a person in accordance with this Act. Child to reside in Manitoba prior to adoption application 11 A child being adopted shall reside in Manitoba with the prospective adoptive parent before an application for adoption is made. CONSENTS Consents required for adoption of permanent ward 12 Where the child to be adopted is a permanent ward placed for adoption by a child and family services agency, a judge shall not make an order for adoption unless written consent to the adoption has been given in the prescribed form by (a) the director who, or the child and family services agency which, has been given permanent guardianship of the child either by voluntary surrender of guardianship or by an order of the court; and (b) the child, if the child is 12 years of age or older. Consents required for other adoptions 13 Where the child to be adopted is not placed for adoption by a child and family services agency, a judge shall not make an order for adoption of the child unless written consent to the adoption has been given in the prescribed form by (a) each person who is entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act ; and (b) the child, if the child is 12 years of age or older. Effect of consent to be explained 14 Prior to the giving of a consent under clause 12(b) or section 13, the person before whom the consent is executed shall (a) explain fully the effect of the consent to the adoption to the person considering consenting to the adoption; and (b) advise the person of their right to independent legal advice. Certification of consents 15 Where The Intercountry Adoption (Hague Convention) Act applies to the adoption and the Central Authority of the State of origin of the child as set out in that Act certifies that consent has been given by a person referred to in section 12 or 13 that certificate is valid for the purposes of those sections in place of the consent. Time of execution of consent 16 With respect to the consent to the adoption of a child referred to in section 13, (a) no person shall execute or give consent to the adoption of the child; and (b) no person shall take, request or solicit the consent of a person to the adoption of the child; until at least 48 hours after the time of the birth of the child. Affidavit of execution of consent 17 An affidavit of execution shall form part of every consent other than one given by the director or a child and family services agency and shall include a statement that the provisions of section 14 have been complied with. Copy of consent to director 18 Except where an application for adoption of a child is made under Division 4, a copy of the consents required under clause 13(a), or certification of the consents as referred to in section 15, shall be given to the director at least 30 days before the date set for the hearing of the application for adoption, or within such shorter time as a judge or associate judge may allow. S.M. 2023, c. 34, s. 48 . Waiver of parent's consent 19 A judge may dispense with the consent of a person required to consent under clause 13(a), if satisfied there are valid reasons to do so, including that the person (a) has abandoned or deserted the child; (b) cannot be located after reasonable attempts have been made to find the person; (c) is incapable of caring for the child and has been so for a period of time of sufficient duration to be detrimental to the best interests of the child; (d) while liable to maintain the child, has persistently neglected or refused to do so; or (e) has not had an ongoing parental relationship with the child and a delay in securing a home for the child would be detrimental to the best interests of the child. Dispensing with consent of person 12 years of age or older 20 Where the person to be adopted is 12 years of age or older and is unable to understand or give consent, a judge may dispense with the requirement for that person's consent. Wishes of child under 12 to be taken into account 21 Where the child is under 12 years of age or the child's consent has been dispensed with under section 20, the judge hearing an application under this Act shall, where appropriate and feasible, take into account the wishes of the child. Withdrawal of consent 22(1) A person who consents to an adoption under clause 13(a) may withdraw the consent by giving written notice of the withdrawal to the director within 21 days after the date the consent was given. Child to be returned if consent withdrawn 22(2) Where a person referred to in clause 13(a) withdraws a consent under subsection (1), the person with whom the child is placed shall return the child to the person who withdraws the consent, whether or not the prospective adoptive parent has commenced court proceedings with respect to the child. Consent executed outside Manitoba 23 A consent to an adoption given in a jurisdiction outside Manitoba in a form that is valid in that jurisdiction is deemed to be a consent under this Act. DECLARATION OF PARENTAGE No placement pending declaration of parentage 24 No child shall be placed for adoption by an agency or the director after the director has been served with notice of an application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child to be adopted unless (a) the application is withdrawn; or (b) a judge dismisses the application and all appeals from the dismissal have been exhausted. S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . No adoption pending declaration of parentage 25 A judge shall not make an order for adoption under this Act where the director certifies that an application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child to be adopted was served on the director (a) within 21 days after a consent to the adoption was given under clause 13(a); or (b) within 21 days after a voluntary surrender of guardianship agreement was signed; as the case may be, unless the application is withdrawn or dismissed and all appeals from the dismissal have been exhausted. S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . NOTICE TO BIRTH FATHERS Notice to birth father 26(1) Subject to this section, a judge shall not make an order for adoption of a child unless notice of the proposed adoption is given to the child's birth father. Giving notice 26(2) Notice to a birth father under subsection (1) shall be in the prescribed form and (a) where the adoption is under Division 1 of Part 3, shall be served on the birth father by a child and family services agency prior to the signing of a voluntary surrender of guardianship agreement; and (b) where the adoption is under Division 2, 4, 5 or 6 of Part 3, shall be served on the birth father by the prospective adoptive parent prior to the giving of any consent to the adoption. Where notice not required 26(3) Notice to a birth father under subsection (1) is not required where (a) the birth father signs a voluntary surrender of guardianship under section 16 of The Child and Family Services Act ; (b) the birth father consents to the adoption under clause 13(a); or (c) the child to be adopted is a permanent ward by court order. Dispensing with notice of proposed adoption 26(4) On application, a judge or associate judge may dispense with notice to a birth father, or may direct the manner of effecting service if the judge or associate judge is satisfied that (a) it is in the child's best interests to do so; or (b) the birth father cannot be located after reasonable efforts have been made to find him. S.M. 2023, c. 34, s. 48 . APPLICATION FOR ADOPTION Service on person required to consent 27 Where an application is made for an order of adoption under Division 2, 5 or 6 of Part 3, if a judge or associate judge is satisfied that a person required to consent under clause 13(a) (a) has not in any way been involved in a parental relationship with the child, the judge or associate judge may dispense with service of the copy of the application on that person; or (b) cannot be located after reasonable efforts have been made, the judge or associate judge may direct the manner of effecting substitutional service of a copy of the application, or may dispense with service. S.M. 2023, c. 34, s. 48 . Surviving person may apply for order of adoption 28(1) Where a child is placed for adoption in the home of two persons jointly and before an application is made for an order of adoption one of them dies, the surviving person may apply for the order of adoption. Order in names of surviving and deceased person 28(2) Where the surviving person applies for an order of adoption, a judge may grant the order of adoption in the names of the applicant and the deceased person, and in that case the child is deemed for all purposes to have been adopted by both the applicant and the deceased person. Order where one applicant dies 29 Where two persons apply jointly to adopt a child and one of the applicants dies before an order of adoption is made, a judge may grant the order of adoption in the names of both applicants, and in that case the child is deemed for all purposes to have been adopted by both the applicant and the deceased person. ORDER OF ADOPTION Order of adoption 30(1) Where an application for an order of adoption is filed and all the applicable requirements of this Act have been complied with, a judge may, having regard to all the circumstances of the case, make an order of adoption. Adoption order in prescribed form 30(2) An order of adoption shall be in the prescribed form and shall not, except as provided in subsection (3), show the surname of the child prior to adoption, but shall identify the child by the birth registration number of the birth record or other identification acceptable to the judge. Surname of adopted child 30(3) An adopted child shall, as determined by the adoptive parent, either retain the surname under which the child's birth was registered or be given a surname chosen from the allowable surnames for registering a child's birth under The Vital Statistics Act . Distribution of order 30(4) The court shall provide a certified copy of the adoption order (a) to the adoptive parent; (b) to the director; (c) to the Director of Vital Statistics; (d) if the adopted child is an Indian, to the Registrar under the Indian Act (Canada); and (e) if a child and family services agency or an adoption agency provided a report to the court as to the proposed adoption, to that agency. S.M. 2014, c. 25, s. 3 . STATUS OF ADOPTED CHILD Status of adopted child 31(1) For all purposes of the law of Manitoba, as of the date of the making of an adoption order, (a) the adopted child becomes the child of the adoptive parent and the adoptive parent becomes the parent of the adopted child; and (b) the adopted child ceases to be the child of the person who was their parent before the adoption order was made and that person ceases to be the parent of the adopted child; as if the adopted child had been born to the adoptive parent. How relationships determined 31(2) The relationship to one another of all persons, including the adopted child, the adoptive parent, the kindred of the adoptive parent, the parent before the adoption order was made and the kindred of that former parent shall for all purposes be determined in accordance with subsection (1). Reference in will or other document 31(3) In any will or other document made at any time before or after the day this section comes into force, and whether the maker of the will or document is alive on that day or not, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person shall be deemed (a) to refer to a person who comes within the description as a result of an adoption; and (b) not to refer to a person who does not come within the description as a result of an adoption; unless the contrary intention is expressed by the maker of the will or other document. Application of section 31(4) This section applies and is deemed always to have applied with respect to any adoption made under any predecessor Act but not so as to affect, (a) any interest in property or right of the adopted child that has indefeasibly vested before the date of the making of an adoption order; and (b) any interest in property or right that has indefeasibly vested before the day this section comes into force. Exception where adoption by spouse or common-law partner 31(5) Where the adoptive parent has a spouse or common-law partner who is a parent of the person to be adopted and that parent chooses not to apply for the adoption jointly with the adoptive parent, the relationship of that parent and of their kindred with the adoptee shall continue and shall not be altered in any way by the order for adoption. Exception re prohibited marriages 31(6) Subsections (1) and (2) do not apply for the purposes of the laws relating to incest and the prohibited degrees of consanguinity for marriage to remove a person from a relationship that would have existed but for those subsections. Other provisions do not affect right to inherit 31(7) No provision of this Act other than this section affects a child's right to inherit from their parents or kindred. S.M. 2002, c. 24, s. 1 . ADOPTIONS OUTSIDE MANITOBA Adoptions outside Manitoba 32 An adoption that has, under the law of another province or territory or a jurisdiction outside Canada, substantially the same effect in that other jurisdiction as an adoption under this Act, has the same effect in Manitoba as an adoption under this Act. OPENNESS AGREEMENTS Openness agreements 33(1) For the purpose of facilitating communication or maintaining relationships, an openness agreement may be made in writing between an adoptive parent or a prospective adoptive parent and any of the following: (a) a birth parent of the child; (b) if a child and family services agency has permanent guardianship of the child by court order, a member of the extended birth family of the child who is approved by that agency; (c) any other person who has established a meaningful relationship with the child; (d) a prospective adoptive parent or an adoptive parent of a minor sibling of the child; (e) if the child is, or is entitled to be a member of an Indian band as defined in the Indian Act (Canada), a member of that Indian band. When openness agreement made 33(2) An openness agreement (a) may only be made after (i) consent to the adoption is given by the persons required to consent under clause 13(a), (ii) a voluntary surrender of guardianship agreement is entered under section 16 of The Child and Family Services Act , or (iii) an order of permanent guardianship is made under clause 38(1)⁠(f) of that Act; (b) may include a process to resolve disputes arising under the agreement or with respect to matters associated with it; and (c) does not affect the legal status of an order for adoption. Consent of child 12 years and older 33(3) If the child is 12 years of age or older, the child's written consent to the openness agreement shall be required. Consideration of child's views 33(4) If the child is under the age of 12 years, the child's views shall be considered before the agreement is made, where appropriate and feasible to do so. Copy of agreement to director 33(5) Where an openness agreement is made, the adoptive parent shall provide a copy to the director, who shall file it on the post-adoption registry. FINANCIAL ASSISTANCE Financial assistance for a person adopting a child 34 The director may authorize financial assistance to a person adopting a child, in an amount and under the conditions prescribed in the regulations, where (a) the child to be adopted has a physical or mental condition which will make caring for that child far more expensive than the care usually provided to a child; or (b) there are siblings who should be adopted together. PART 3 CATEGORIES OF ADOPTIONS DIVISION 1 ADOPTION OF PERMANENT WARD Placement and adoption of permanent ward 35 This Division applies to the adoption of a permanent ward. Application for placement 36 Where (a) two persons who are married to each other; (b) common-law partners; or (c) a single adult; desire to have a child who is a permanent ward placed in their home with a view to adopting that child, they may make an application to the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parents. S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 ; S.M. 2008, c. 42, s. 1 . Homestudy conducted 37 Upon receiving an application under section 36, the child and family services agency shall conduct a homestudy to determine (a) the suitability of the applicant to be an adoptive parent; and (b) the capability and willingness of the applicant to assume the responsibilities of a parent towards the child. Copy of homestudy 38 The prospective adoptive parent is entitled to receive a copy of the homestudy referred to in section 37. Where applicant suitable 39 Where the child and family services agency determines that an applicant is suitable and capable of being an adoptive parent it shall forward to the director the name of the prospective adoptive parent and a summary of the homestudy for entry in the central adoption registry. Review by director 40 Where the child and family services agency determines that an applicant is not suitable or not capable of being an adoptive parent, the applicant may request the director to review the matter and the director's decision is final. Foster parent adoption 41 Where (a) a child has been placed with a foster parent; and (b) in the opinion of the child and family services agency having permanent guardianship of the child, the child should be placed for adoption; the foster parent may apply in accordance with this Division to have the child placed with them for adoption. PLACEMENT OF CHILD Placement of child 42 A child and family services agency may place a child in the home of a prospective adoptive parent if (a) the prospective adoptive parent and the child are registered on the central adoption registry; and (b) the director approves the placement of the child with the prospective adoptive parent. Manitoba placement preferred 43(1) A child and family services agency shall attempt to place a child who is a permanent ward for the purposes of adoption first in Manitoba and then elsewhere in Canada, but shall not (a) place a child outside of Manitoba but within Canada except in accordance with subsection (2); and (b) place a child outside of Canada except in accordance with subsection (3). Proposed placement outside Manitoba 43(2) A child and family services agency may place a child outside of Manitoba but within Canada where (a) the director approves the placement of the child with the prospective adoptive parent; (b) the prospective adoptive parent has been approved for placement on the basis of a homestudy completed by an extra-provincial agency in the jurisdiction in which the prospective adoptive parent resides; and (c) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed. Proposed placement outside of Canada 43(3) A child and family services agency may only place a child outside of Canada (a) with the approval of the Lieutenant Governor in Council; and (b) provided that the requirements in clauses (2)⁠(a) to (c) are met. Placement following voluntary surrender of guardianship 44(1) Where guardianship of a child is surrendered under section 16 of The Child and Family Services Act , a child and family services agency, may, subject to the approval of the director place the child with a prospective adoptive parent immediately following the signing of the voluntary surrender of guardianship agreement. Placement before agreement signed 44(2) Despite subsection (1), the director may approve the placement of a child in the home of a prospective adoptive parent before a voluntary surrender of guardianship agreement is signed if, (a) in the opinion of the director, it is in the child's best interests to be placed for adoption without delay; (b) no person required to sign a voluntary surrender of guardianship agreement is willing or able to care for the child until the agreement is signed; and (c) each person required to sign a voluntary surrender of guardianship agreement consents in writing to the transfer of the child to the prospective adoptive parent. Withdrawal of voluntary surrender of guardianship 44(3) If (a) a voluntary surrender of guardianship is withdrawn under subsection 16(10) of The Child and Family Services Act ; and (b) the child who is the subject of the voluntary surrender of guardianship has been placed for adoption under this section; the child and family services agency to whom guardianship was surrendered shall immediately return the child to the person who withdrew the voluntary surrender of guardianship, whether or not the prospective adoptive parent has commenced court proceedings with respect to the child. Adoption placement agreement 45 When a child is placed by a child and family services agency with a prospective adoptive parent, an agreement in the prescribed form shall be made between the child and family services agency that is the permanent guardian of the child and the prospective adoptive parent, setting out the terms and conditions of the placement. Date of placement 46 The date on which an agreement under section 45 is made is the date of placement of the child. Removal of child 47(1) Where a child is placed by a child and family services agency with a prospective adoptive parent, that agency may remove the child from the prospective adoptive parent's home at any time before an order of adoption is made. Director may review 47(2) The prospective adoptive parent may request the director to review the agency's action under subsection (1), and the director's decision is final. Supervision of placement 48 Where an agreement respecting placement under section 45 has been signed, the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parent shall supervise the placement until an order of adoption has been made. S.M. 2002, c. 35, s. 32 . APPLICATION FOR ADOPTION ORDER Application for adoption order 49(1) The person in whose home a child is placed for adoption under this Division may, with the written approval of the child and family services agency that is the permanent guardian of the child, apply in the prescribed form to the court for an order of adoption. Time for making application 49(2) An application for an order of adoption may be made after the expiration of six months from the date on which the child was placed with the prospective adoptive parent or within such lesser or greater time as the child and family services agency that is the permanent guardian of the child may authorize. Documents filed in support of application 50 An application for an order of adoption under this Division shall be supported by (a) an affidavit from the applicant which includes the applicant's name, age, address and marital or relationship status; (b) the birth certificate or registration of live birth of the child; (c) the order of permanent guardianship or the voluntary surrender of guardianship agreement; (d) the consents to the adoption required under section 12; (e) certification by the director that no notice of application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child was served on the director within 21 days after the signing of a voluntary surrender of guardianship agreement under The Child and Family Services Act ; (f) a copy of the agreement regarding placement referred to in section 45; (g) a report from the child and family services agency that supervised the placement which includes the following: (i) the family and developmental history of the child, identified by adoptive name and birth registration number only, (ii) a summary of the homestudy conducted under section 37, and (iii) the recommendation of the child and family services agency; and, where applicable, by (h) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (i) the authorization of the child and family services agency where it extended or reduced the time for the making of the application; (j) decree nisi and absolute of divorce or divorce judgment and certificate of divorce; (k) the death certificate of the applicant's spouse or common-law partner; and (l) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . DIVISION 2 PRIVATE ADOPTIONS Who may place 51 A person who is entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act may, in accordance with this Division, place the child for the purpose of adoption. PLACING A CHILD FOR ADOPTION OUTSIDE OF MANITOBA Application to approve out of province placement 52(1) A person who intends to place a child outside of Manitoba for the purposes of adoption under this Division, shall apply to (a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the person; or (b) an adoption agency with jurisdiction in the area where the person resides; for approval of the placement by the director. Proposed placement within Canada 52(2) The director may approve a request to place a child outside of Manitoba but within Canada where (a) the agency contacted by the applicant under subsection (1) confirms that the person was informed about the effect of an adoption; and (b) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed. Proposed placement outside of Canada 52(3) The director shall not approve an application to place a child outside of Canada without first obtaining the approval of the Lieutenant Governor in Council. S.M. 2002, c. 35, s. 32 . PLACING A CHILD FOR ADOPTION IN MANITOBA Receiving person to notify agency 53(1) The person who intends to receive a child for adoption shall notify one of the following agencies of the proposed placement, not later than 14 days before receiving the child into the home for the purpose of adoption: (a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parent; (b) an adoption agency having jurisdiction in the area where the prospective adoptive parent resides. Form of notification 53(2) The notification under subsection (1) shall be in a prescribed form, stating (a) the name and birthdate of the child, or in the case of an unborn child, the expected date of birth; (b) the names and addresses of the parents of the child; (c) the name and address of the prospective adoptive parent; (d) the address where the child resides, if applicable; and (e) the name, occupation and address of any person who arranged or assisted in the proposed placement of the child. S.M. 2002, c. 35, s. 32 . Placing person to notify agency 54(1) The person who intends to place the child for adoption in Manitoba shall notify the agency that was notified under subsection 53(1) of the proposed placement not later than 14 days before the placement. Form of notification 54(2) The notification under subsection (1) shall be in a prescribed form and shall set out the information referred to in subsection 53(2). Director may waive or extend time for notification 55 Where there is a valid reason the director may either waive or extend the time for notifying an agency under subsection 53(1) or 54(1). Duties of agency 56 Upon receipt of the notifications under sections 53 and 54, the agency shall (a) provide information about the effects of adoption and the alternatives to adoption to the person requesting that the child be placed;

(b) obtain as much information as possible about the medical and social history of the child and the birth family and share this information with the prospective adoptive parent; and (c) conduct a homestudy to determine the suitability of the prospective adoptive parent to be an adoptive parent, and the capability and willingness of the applicant to assume the responsibilities of a parent towards the child. Consideration of homestudy previously prepared 57 In making a determination under clause 56(c), the agency may consider a homestudy of the prospective adoptive parent previously prepared by a child and family services agency or an adoption agency. Copy of homestudy 58 The prospective adoptive parent is entitled to receive a copy of a homestudy referred to in clause 56(c) or section 57. Placement approved 59 Where the agency determines that the prospective adoptive parent is suitable and capable of being an adoptive parent, the agency shall approve the placement of the child with the applicant and advise the parties and the director. Placement not approved 60 Where the agency determines that the prospective adoptive parent is not suitable or not capable of being an adoptive parent, the agency shall not approve the placement of the child with the applicant and shall advise the parties and the director of its decision. Review by director 61 Where the agency does not approve the placement of the child with the prospective adoptive parent, the prospective adoptive parent may request the director to review the matter, and the director's decision is final. WHEN CHILD MAY BE PLACED FOR ADOPTION Placement after consents given 62(1) A child shall not be placed with a prospective adoptive parent until (a) each person required to consent to the adoption under clause 13(a) has done so; and (b) the agency approves the placement of the child with the prospective adoptive parent under section 59. Exception 62(2) Despite subsection (1), the director may approve the placement of a child with a prospective adoptive parent before the consent to the adoption required under clause 13(a) is given if (a) in the opinion of the director, it is in the child's best interests to be placed for adoption without delay; (b) the agency approves the placement under section 59; (c) no person required to give a consent is willing or able to care for the child until the consent is given; and (d) each person required to give a consent, consents in writing to the transfer of the child to the prospective adoptive parent. Date of placement 63 The day on which a child is transferred to the care of the prospective adoptive parent is the date of placement. Supervision of placement following approval 64 The agency that approved the placement under section 59 shall supervise the placement of the child with the prospective adoptive parent until the order of adoption is made. APPLICATION FOR ADOPTION ORDER Application for order of adoption 65(1) An application to the court for an order of adoption under this Division shall be made in the prescribed form no earlier than 30 days and no later than six months after the date the last consent required under clause 13(a) was given. Extension of time 65(2) Where there is a valid reason to do so, a judge or associate judge may extend the time for applying for an order of adoption under subsection (1). S.M. 2023, c. 34, s. 48 . Service of application for order of adoption 66 At least 30 days before the date fixed for the hearing, the applicant shall serve a copy of the application on (a) the agency that approved the placement under section 59; (b) each person whose consent to the adoption is required under clause 13(a); (c) the director; and (d) any other person that a judge or associate judge may direct. S.M. 2023, c. 34, s. 48 . Documents in support of application 67 An application for an order of adoption under this Division shall be supported by (a) an affidavit of the applicant which includes the name, age, address and marital or relationship status of the applicant; (b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that no notice of application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given; (f) certification by the director that a withdrawal of consent under subsection 22(1) was not served; and (g) a report from the agency that supervised the placement under section 59, which includes (i) the family and developmental history of the child, identified by adoptive name and birth registration number only, (ii) a summary of the matters determined under clause 56(c), and (iii) the recommendation of the agency; and, where applicable, by (h) the death certificate of the applicant's spouse or common-law partner; (i) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (j) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . Order of judge 68 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parent who gave the consent to the adoption; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 3 INTERCOUNTRY ADOPTIONS ADOPTIONS WITHIN THE SCOPE OF THE HAGUE CONVENTION Hague Convention adoption 69 The Intercountry Adoption (Hague Convention) Act applies to an adoption to which the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption applies. Conversion of adoption 70(1) On application by a person resident in Manitoba, a judge may make an order converting an adoption referred to in Article 27 of the Convention to have the effect of an adoption under this Act. Documents in support of application 70(2) An application for an order under this section shall be supported by (a) the consent or certification that the consent required under Article 27 of the Convention has been given; and (b) certification of conformity required under Article 23 of the Convention. ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION Application for placement from another country 71(1) A prospective adoptive parent who has been placed on the central adoption registry may request that they be considered for the placement of a child who resides in another country and who is legally available for adoption. Provisions of Division 1 apply 71(2) Where the prospective adoptive parent agrees to accept the placement of a child from another country, the provisions of Division 1 apply. Application in another country 72(1) A person who is applying in another country to adopt a child shall notify the director and the director shall, (a) verify that the application has been completed and accepted by a court of competent jurisdiction in the other country; (b) verify that the government of the country where the child resides supports the application and the adoption of the child; and (c) provide supporting documentation required by the authorities of the child's country of residence in order to facilitate the finalization of the adoption in the other country, which may include a homestudy. Copy of homestudy 72(2) If a homestudy is prepared under clause (1)⁠(c) the prospective adoptive parent is entitled to receive a copy of it. DIVISION 4 DE FACTO ADOPTIONS Application 73(1) An application for an order of adoption may be made in the prescribed form (a) jointly by two persons who are married to each other, by common-law partners, or by any two persons, where at the time the application is made (i) they are jointly caring for and maintaining the child, and (ii) either applicant has had care and control of the child and has maintained the child for at least two consecutive years; or (b) by a person who at the time the application is made (i) is caring for and maintaining the child, and (ii) has had care and control of the child and has maintained the child for at least two consecutive years. Consent 73(2) A judge may make an order of adoption under this Division without the consent of anyone other than the child if the child is 12 years of age or older. S.M. 2002, c. 24, s. 1 ; S.M. 2008, c. 42, s. 1 . Service of application 74 A person applying for an order of adoption under this Division shall serve a copy of the application at least 30 days prior to the date fixed for the hearing of the application on (a) either (i) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant, or (ii) an adoption agency with jurisdiction in the area where the applicant resides; (b) the parents of the child; and (c) any other person as a judge or associate judge may direct. S.M. 2002, c. 35, s. 32 ; S.M. 2023, c. 34, s. 48 . Investigation by agency 75 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting (a) the suitability of each prospective adoptive parent as an adoptive parent; (b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child; (c) where the application is made jointly by two persons who are not married to each other nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and (d) any other matters the court considers relevant. S.M. 2002, c. 24, s. 1 ; S.M. 2008, c. 42, s. 1 . Documents in support of application 76 An application under this Division shall be supported by (a) an affidavit of the applicant which includes the applicant's name, age, address and marital or relationship status; (b) the birth certificate or registration of live birth of the child; (c) if the child to be adopted is 12 years of age or over, the consent of the child, unless dispensed with by the judge; (d) the report of the agency under section 75; and, where applicable, by (e) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners; (f) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; (g) the death certificate of the applicant's spouse or common-law partner; and (h) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 . Order of judge 77 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parents; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 5 EXTENDED FAMILY ADOPTIONS Definition of "applicant" 77.1 In this Division, "applicant" means (a) one applicant, where an application for an order of adoption is made by one member of a child's extended family; and (b) two applicants, where an application for an order of adoption is made jointly by two members of a child's extended family. S.M. 2002, c. 24, s. 1 . Placement of a child with member of extended family 78 A person entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act may, in accordance with this Division, place a child with one member or jointly with two members of the child's extended family for the purposes of adoption. S.M. 2002, c. 24, s. 1 . Where director's approval required 79 A person who intends to place a child with a member of the child's extended family, or two members jointly, may do so without the approval of the director unless the child is to be placed outside of Manitoba. S.M. 2002, c. 24, s. 1 . Applying for director's approval 80(1) A person who intends to place a child outside of Manitoba for the purposes of adoption under this Division shall apply to (a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the person; or (b) an adoption agency with jurisdiction in the area where the person resides; for approval of the placement by the director. Proposed placement within Canada 80(2) The director may approve a request to place a child outside of Manitoba but within Canada where (a) the agency contacted under subsection (1) confirms that the person applying under subsection (1) was informed about the effect of an adoption; and (b) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed. Proposed placement outside of Canada 80(3) The director shall not approve a request to place a child outside of Canada without first obtaining the approval of the Lieutenant Governor in Council. S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 . Application for order of adoption 81 An application for an order of adoption under this Division may be made in the prescribed form (a) by a member of the child's extended family; or (b) jointly by two members of the child's extended family; and shall be made no later than 12 months after the date the child was transferred to the care and control of the prospective adoptive parent or parents. S.M. 2002, c. 24, s. 1 . Service of application 82 An applicant under this Division shall serve a copy of the application at least 30 days prior to the date fixed for the hearing on (a) each person whose consent to the adoption is required under clause 13(a); (b) the director; (c) either (i) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant, or (ii) an adoption agency with jurisdiction in the area where the applicant resides; and (d) any other person as a judge or associate judge may direct. S.M. 2002, c. 24, s. 1 ; S.M. 2002, c. 35, s. 32 ; S.M. 2023, c. 34, s. 48 . Investigation by agency 82.1 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting (a) the suitability of each prospective adoptive parent as an adoptive parent; (b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child; (c) where the application is made jointly by two members of the child's extended family who are neither married nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and (d) any other matters the court considers relevant. S.M. 2002, c. 24, s. 1 . Period of residence 83 No adoption order may be made under this Division unless the judge is satisfied that for a period of at least six months before the date of the hearing of the application, (a) the child resided with the applicant; and (b) the applicant has had care and control of the child and has maintained the child. S.M. 2002, c. 24, s. 1 . Time requirements 84 A judge may (a) extend the time for making an application under section 81; or (b) shorten the required length of time referred to in section 83; if satisfied that it is in the best interests of the child to do so. S.M. 2002, c. 24, s. 1 . Documents in support of application 85 An application for an order of adoption under this Division shall be supported by (a) an affidavit of the applicant which includes the applicant's name, age, address, marital or relationship status and relationship to the child; (b) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that no notice of application under Part 2 of The Family Law Act or a predecessor Act for a declaration of parentage respecting the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given; (f) certification by the director that a withdrawal of consent under subsection 22(1) was not served; (f.1) the report of the agency under section 82.1; and, where applicable, by (g) the death certificate of the applicant's spouse or common-law partner; (h) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (i) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 ; S.M. 2021, c. 63, s. 12 ; S.M. 2022, c. 15, Sch. A, s. 104 . 86 [Repealed] S.M. 2002, c. 24, s. 1 . Order of judge 87 A judge may (a) grant the order of adoption; (b) order that the care and custody of the child be given to the parent who gave the consent to the adoption; or (c) appoint as the guardian of the child the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide services to the child. S.M. 2002, c. 35, s. 32 . DIVISION 6 ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT Application 88 A person who (a) is married to the parent of a child; or (b) is a common-law partner of the parent of a child; may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them. S.M. 2002, c. 24, s. 1 . Service of application 89 An application under section 88 shall be served, at least 30 days prior to the date of the hearing of the application, or within such other period as a judge or associate judge may allow, on (a) the child's parents; (b) the director; and (c) any  other person as a judge or associate judge may direct. S.M. 2002, c. 24, s. 1 ; S.M. 2023, c. 34, s. 48 . Documents in support of application 90 An application for adoption under this Division shall be supported by (a) an affidavit from the applicants which includes their names, ages, addresses and marital or relationship status; (b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (c) the birth certificate or registration of live birth of the child; (d) the consents to the adoption required under section 13; (e) certification by the director that a withdrawal of consent under subsection 22(1) was not served; and, where applicable, by (f) the death certificate of a deceased parent of the child; (g) the order of a court of competent jurisdiction relating to the custody of the child; (h) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (i) proof of notification of the birth father. S.M. 2002, c. 24, s. 1 . Report of agency 91(1) Subject to subsection (2), the judge hearing an application under this Division may request that a written report respecting (a) the suitability of the applicants as adoptive parents; (b) the capability and willingness of the applicants to assume the responsibilities of parents towards the child; and (c) any other matters the judge considers relevant; be provided by the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant and that agency shall comply with the request. Applicant's preference 91(2) If the applicant has a preference that an adoption agency with jurisdiction in the area where the applicant resides provide the report referred to in subsection (1), that adoption agency shall (a) be requested to provide the report; and (b) comply with the request. S.M. 2002, c. 35, s. 32 . Application for access 92(1) The parent with whom the child is not living may apply to the court for an order granting access to the child. Access order 92(2) An application under subsection (1) may be heard either as part of the application for adoption under this Division or as a separate application after the adoption order has been granted, and the judge hearing the application may grant the access with or without conditions. S.M. 2002, c. 24, s. 1 . DIVISION 7 ADOPTION OF AN ADULT Application 93 An application to adopt an adult shall be made in the prescribed form. Conditions for adoption of adult 94(1) A judge may make an order of adoption of an adult without the consent of anyone, except the person to be adopted, as long as (a) the person adopting is older by a reasonable number of years than the person to be adopted; and (b) the reason for the adoption is acceptable to the judge hearing the application. Support during minority to be considered by judge 94(2) Where an application is made to adopt an adult the judge shall take into consideration, in addition to any other relevant considerations, whether the care, support and control of the person to be adopted has been provided by the person applying to adopt for a reasonable time during the minority of the person to be adopted. Director not served 95 An order of adoption of an adult may be made (a) without service of the application for adoption on the director; and (b) without requiring a report from an agency. Documents filed in support of application 96 An application for an order of adoption under this Division shall be supported by (a) the consent of the person to be adopted; (b) the birth certificates of the person to be adopted and of the applicant; and, where applicable, by (c) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners; (d) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and (e) the death certificate of the applicant's spouse or common-law partner. S.M. 2002, c. 24, s. 1 . Effect of order 97 An order of adoption made with respect to an adult has the same effect as an order of adoption made with respect to a child. PART 4 CONFIDENTIALITY, DISCLOSURE AND THE POST-ADOPTION REGISTRY Definitions 98 In this Part, "contact preference" means a document filed on the post-adoption registry under section 113.1, or on a registry in another jurisdiction, which describes the contact, if any, that a person wishes to have with another person respecting an adoption; (« acceptation limitée de prise de contact ») "contact veto" means a document that was filed on the post-adoption registry under the former Act, or on a registry in another jurisdiction, stating that a person does not wish to be contacted by another person respecting an adoption; (« refus de prise de contact ») "disclosure veto" means a document filed (a) on the post-adoption registry in relation to an adoption under the former Act, and includes a notation on the post-adoption registry made before March 15, 1999, or (b) on a registry in another jurisdiction, which prohibits the disclosure of identifying information about the person who filed the veto; (« refus de communication ») "identifying information" means information in a record which reveals the identity of a person or which sets out the circumstances surrounding an adoption; (« renseignement signalétique ») "non-identifying information" means information in a record about a person which does not reveal the person's identity but which reveals non-identifying characteristics such as year of birth, ethnic origin, physical description, education level, religion and health history; (« renseignement non signalétique ») "pre-adoption birth registration" means the pre-adoption registration of birth document of a person who is subsequently adopted and any related pre-adoption and birth registration documents that are maintained by (a) the Director of Vital Statistics under clause 10(3)⁠(a) of The Vital Statistics Act , or (b) a person responsible for the registration of births in another jurisdiction; (« bulletin d'enregistrement de naissance antérieur à l'adoption ») "substituted registration of birth" means the registration of birth document that under clause 10(5)⁠(b) of The Vital Statistics Act replaces a pre-adoption birth registration; (« bulletin d'enregistrement de naissance de substitution ») "undertaking" means a document, in a form approved by the director, signed by a person and stating that they agree to abide by the terms of a contact veto or contact preference. (« engagement ») S.M. 2014, c. 25, s. 4 . Conflict with other Acts 99 In the case of a conflict between any provision of this Part and a provision of either The Freedom of Information and Protection of Privacy Act or The Protecting and Supporting Children (Information Sharing) Act , the provision of this Part prevails. S.M. 2014, c. 25, s. 5 ; S.M. 2016, c. 17, s. 11 ; S.M. 2020, c. 21, s. 228 . ADOPTION PROCEEDINGS Adoption proceedings closed to public 100(1) Subject to subsection (2), court proceedings with respect to an adoption must be closed to the general public, but must be open to media representatives unless the court, on application, is satisfied that the presence of media representatives would be manifestly harmful to any person involved in the proceedings. Proceedings re offences 100(2) The prosecution of an offence under Part 5 must be open to the general public unless a judge on the application of a person who is involved in the proceeding or a portion of the proceeding is satisfied that (a) conducting the proceeding or the portion in public would be significantly harmful to a person; and (b) conducting the proceeding or the portion in private would not be contrary to the proper administration of justice; and where the judge is so satisfied, the judge may order that the proceeding or the portion be closed to the public or a portion of the public and conducted in private. Reporting not to identify persons involved 100(3) No person shall disclose the name of a birth parent, an adoptive parent, an adoptee or any person involved in a proceeding under this Act as a party or a witness, or disclose any information likely to identify any such person. S.M. 2014, c. 25, s. 6 COURT RECORDS Court records are confidential 101 All records of the court relating to the granting of an order of adoption shall be confidential. Court order required to search court records 102(1) No person shall examine or make a copy of a court record relating to the granting of an order of adoption except by an order of a judge or associate judge after reasonable notice is given to the director. Court may issue certified copy of order 102(2) Despite subsection (1), the court may on written request issue a certified copy of an order of adoption to (a) an adoptive parent to whom the order of adoption relates; (b) an adult adoptee to whom the order of adoption relates; or (c) the director for the purpose of carrying out responsibilities under this Act; but where the original surname of the child appears on the order of adoption, the original surname shall be deleted from the certified copy and the birth registration number or other identification acceptable to a judge or associate judge shall be substituted for the surname. S.M. 2014, c. 25, s. 7 ; S.M. 2023, c. 34, s. 48 . ADOPTION RECORDS IN CUSTODY OR CONTROL OF DIRECTOR OR AGENCY Records of director or agency 103(1) All records, whether made before or after the coming into force of this Act, relating to the granting of an order of adoption that are in the custody or under the control of (a) the director; (b) a child and family services agency; or (c) an adoption agency; are confidential, and access to and disclosure of information in these records may be given or made only in accordance with this Act. Records to be maintained separately 103(2) Following the granting of an order of adoption the records referred to in subsection (1) shall be maintained separately in a secure manner in accordance with the regulations. Exception re disclosure of identifying information 104(1) Identifying information in a record referred to in subsection 103(1) may be disclosed as follows: (a) when giving evidence in proceedings in court under this Act; (b) where required by an order of any court in Manitoba, to the person named in the order; (c) to the director or an agency, an employee of or consultant to the director or an agency, or a student placed with the director or an agency under an agreement with an educational institution, where disclosure is necessary for (i) the performance of a duty or the exercise of a power, or (ii) the provision of services under The Child and Family Services Act or the provision of adoption services under The Adoption Act to a person who is the subject of the record, with the consent of that person or a parent acting on behalf of a child; (d) to the Advocate for Children and Youth where disclosure is necessary for the performance of a duty or the exercise of a power; (e) where disclosure is necessary for the safety, health or well-being of a person, with the approval of the director in writing; (f) where disclosure is necessary for the purpose of allowing a person to receive a benefit or service with the approval of the director in writing; or (g) where disclosure is required for purposes of this Act. Exception re disclosure of non-identifying information 104(2) Non-identifying information in a record referred to in subsection 103(1) (a) may be disclosed in the circumstances and to the persons set out in clauses (1)⁠(a) to (g); and (b) may be disclosed with the written approval of the director or the executive director of an agency, to a person entitled to register on the post-adoption registry under this Part. S.M. 2014, c. 25, s. 8 ; S.M. 2017, c. 8, s. 42 . Exception re disclosure for research purposes 105(1) The director may, in writing, approve disclosure of any information in a record referred to in subsection 103(1) to a person for a bona fide research or statistical project if the director has determined that (a) the research or statistical project is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the information; (b) the research or statistical purpose cannot reasonably be accomplished unless the information is provided in a form that identifies or may identify individuals; (c) it is unreasonable or impractical for the person proposing the research or statistical project to obtain consent from the individuals the information is about; and (d) the research or statistical project contains (i) reasonable safeguards to protect the confidentiality and security of the information, and (ii) procedures to destroy the information or remove all identifying information at the earliest opportunity consistent with the purposes of the project. Agreement required 105(2) The director's approval under this section is conditional on the person proposing the research or statistical project entering into a written agreement with the director or the agency disclosing the information in which the person agrees (a) not to publish the information requested in a form that could reasonably be expected to identify the individuals concerned; (b) to use the information requested solely for the purposes of the approved research or statistical project; and (c) to ensure that the research or statistical project complies with the safeguards and procedures described in clause (1)⁠(d). Restriction on disclosure of vital statistics documents 105.1 Where the director under this Act receives a copy of one of the following documents from the director under The Vital Statistics Act , the director under this Act must not further disclose the document, except in accordance with sections 107.1 to 107.5: (a) a pre-adoption birth registration; (b) a substituted registration of birth; (c) a document relating to an adoption, as referred to in clause 10(3)⁠(b) of The Vital Statistics Act . S.M. 2014, c. 25, s. 9 . Protection from liability 106 No action lies and no proceeding may be brought against the Government of Manitoba, the director, an agency or any person acting for or under the direction of the director or an agency for damages resulting from the disclosure of or failure to disclose, in good faith, all or part of a record under this Part or any consequences of that disclosure or failure to disclose. CONTACT BY THE DIRECTOR Contact by the director 107 In compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with them any information from a record under subsection 103(1) or from the post-adoption registry or obtain from them any necessary information despite a disclosure veto, contact veto or contact preference having been filed: (a) a birth parent; (b) if the birth parent cannot be located, a member of the birth parent's extended family; (c) an adult adoptee; (d) if the adult adoptee cannot be located, a member of the adult adoptee's extended family. S.M. 2014, c. 25, s. 10 . DISCLOSURE OF PRE-ADOPTION BIRTH REGISTRATIONS Disclosure to Adult Adoptee Born in Manitoba and Adopted in Manitoba Application by adult adoptee born and adopted in Manitoba 107.1(1) An adult adoptee who was born in Manitoba and adopted under this Act or the former Act may apply to the director for a copy of the adult adoptee's pre-adoption birth registration. Disclosure of pre-adoption birth registration 107.1(2) The director must give an applicant who complies with section 107.9 a copy of the applicant's pre-adoption birth registration unless a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.1(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant. Exception — contact veto or preference filed 107.1(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . Disclosure to Adult Adoptee Born in Manitoba but Adopted Outside Manitoba Application by adult adoptee born in Manitoba but adopted outside Manitoba 107.2(1) An adult adoptee who was born in Manitoba and adopted in a jurisdiction outside Manitoba may apply to the director for a copy of the adult adoptee's pre-adoption birth registration. Disclosure of pre-adoption birth registration 107.2(2) The director must give an applicant who complies with section 107.9 a copy of the applicant's pre-adoption birth registration unless the director determines, after making reasonable inquiries, that a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.2(3) If the director determines that a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant. Exception — contact veto or preference filed 107.2(4) If the director determines that a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . Disclosure to Parent of Adult Adoptee Born in Manitoba and Adopted in Manitoba Application by parent of adult adoptee born and adopted in Manitoba 107.3(1) If an adult adoptee was born in Manitoba and adopted under this Act or the former Act, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following: (a) the adoptee's pre-adoption birth registration; (b) the substituted registration of birth. Disclosure of birth registration documents 107.3(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the adult adoptee has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.3(3) If the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant. Exception — contact veto or preference filed 107.3(4) If the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee. Identifying information of adoptive parent removed 107.3(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)⁠(b), the director must remove identifying information respecting the adoptive parents. S.M. 2014, c. 25, s. 11 . Disclosure to Parent of Adoptee Born in Manitoba but Adopted Outside Manitoba Application by parent of adoptee born in Manitoba but adopted outside Manitoba 107.4(1) If an adult adoptee was born in Manitoba and adopted under an Act of another jurisdiction, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following: (a) the adoptee's pre-adoption birth registration; (b) the substituted registration of birth. Disclosure of birth registration documents 107.4(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the director determines, after making reasonable inquiries, that the adult adoptee has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.4(3) If the director determines that the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant. Exception — contact veto or preference filed 107.4(4) If the director determines that the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee. Identifying information of adoptive parents removed 107.4(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)⁠(b), the director must remove identifying information respecting the adoptive parents. S.M. 2014, c. 25, s. 11 . Disclosure Upon Application of Adopted Aboriginal Person Disclosure upon application by adopted aboriginal person 107.5(1) If an aboriginal person was born in Manitoba and subsequently adopted, they may apply to the director, in accordance with the regulations, for the following to be given to a person, government or organization for the purpose of an application by the aboriginal person for a benefit or service that is provided to aboriginal persons: (a) a copy of the person's pre-adoption birth registration; (b) identifying information respecting the person's birth parents; (c) any other identifying or non-identifying information that the director considers relevant. Who may apply 107.5(2) An application by an aboriginal person under subsection (1) may be made (a) by the person, if an adult; or (b) if the person is a child, by their adoptive parent or guardian. Director must give information 107.5(3) If the person who applies under subsection (1) complies with section 107.9, the director must give the information to the person, government or organization, in accordance with the application. Disclosure not affected by vetoes or preference 107.5(4) The director may give information in accordance with this section despite a disclosure veto, contact veto or contact preference having been filed under this Act, the former Act or an Act of another jurisdiction. Restrictions on use and disclosure of information 107.5(5) A person, government or organization that receives information from the director under this section (a) must maintain confidentiality with respect to the information; (b) must use the information only for the purpose for which it was given; and (c) must not further disclose the information without the written approval of the director. S.M. 2014, c. 25, s. 11 . Summary of Birth Information for Adult Adoptee Not Born in Manitoba Application by adult adoptee not born in Manitoba 107.6(1) An adult adoptee who was not born in Manitoba but was adopted under this Act or the former Act may apply to the director for a summary of birth information, including identifying information, that is set out in the pre-adoption birth registration, if this document is in the director's records. Disclosure of summary of birth information 107.6(2) The director must give an applicant who complies with section 107.9 the summary of birth information referred to in subsection (1), unless a parent named on the pre-adoption birth registration has filed (a) a disclosure veto; or (b) a contact veto or contact preference. Exception — disclosure veto filed 107.6(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant. Exception — contact veto or preference filed 107.6(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference. S.M. 2014, c. 25, s. 11 . DISCLOSURE OF ADOPTION ORDERS Disclosure of adoption order 107.7(1) The following parties to an adoption may apply to the director for a certified copy of the adoption order: (a) an adult adoptee who was born in Manitoba and adopted under this Act or the former Act; (b) an adult adoptee who was not born in Manitoba but was adopted under this Act or the former Act; (c) an adoptive parent in relation to an adoption under this Act or the former Act. Copy of adoption order 107.7(2) The director must give an applicant who complies with section 107.9 a certified copy of the adoption order. S.M. 2014, c. 25, s. 11 . GENERAL PROVISIONS Document not available 107.8 If a person is entitled under sections 107.1 to 107.7 to receive a copy of a document that is not available, but other information relating to the adoption is available, the director may give a summary of available birth and adoption information, including identifying information which the person is otherwise entitled to receive. S.M. 2014, c. 25, s. 11 . General requirements for information 107.9 A person who applies for a document or information under this Part, or who wishes to file a document or register on the post-adoption registry, must (a) provide proof of their identity satisfactory to the director; and (b) pay any required fee. S.M. 2014, c. 25, s. 11 . 108 to 111 [Repealed] S.M. 2014, c. 25, s. 12 . DISCLOSURE VETOES Disclosure veto 112(1) An application to the director to file a disclosure veto may be made respecting an adoption under the former Act or an Act of another jurisdiction (a) by an adoptee who is 16 years of age or older; or (b) by a parent named on a pre-adoption birth registration; to prohibit the disclosure of identifying information respecting the applicant. Filing disclosure veto 112(2) Upon receiving an application under subsection (1), the director must file the disclosure veto on the post-adoption registry if (a) the disclosure veto is in a form satisfactory to the director; (b) the director is satisfied that the disclosure veto is not affected by an openness agreement; and (c) the applicant complies with section 107.9. Statement filed with veto 112(3) A person who files a disclosure veto may file with it a written statement that includes any of the following: (a) the reasons for wishing that identifying information not be disclosed; (b) a brief summary of any available information about the medical and social history of the person and their family; (c) any other relevant non-identifying information. Non-identifying information given if veto filed 112(4) When a person who requests information under this Part is informed that a disclosure veto has been filed, the director must give the person requesting the information any non-identifying information in any written statement filed with the disclosure veto. Cancelling veto 112(5) A person who files a disclosure veto may cancel the veto at any time by notifying the director in writing. Veto terminates one year after death 112(6) Unless cancelled under subsection (5), a disclosure veto terminates one year after the death of the person who filed the veto. Effect of disclosure veto 112(7) The director must not disclose any identifying information respecting the person who filed the disclosure veto, unless permitted to do so under this Part. S.M. 2014, c. 25, s. 13 . CONTACT VETOES FILED UNDER FORMER ACT Contact vetoes under former Act 113(1) A contact veto filed on the post-adoption registry under the former Act remains in effect until it is cancelled by the person who filed the veto. Information given when veto filed 113(2) When a person who requests information or contact with another person under this Part is informed that a contact veto was filed under the former Act, the director must (a) give the person any written statement filed with the contact veto; and (b) advise the person in writing of the prohibitions set out in subsection (5). Effect of contact veto 113(3) The director must not disclose any identifying information respecting the person who filed the contact veto, unless permitted to do so under this Part. Cancelling veto 113(4) A person who files a contact veto may cancel the veto at any time by notifying the director in writing. Prohibitions 113(5) A person who is named in a contact veto filed by another person must not (a) knowingly contact or attempt to contact the person who filed the veto; (b) procure another person to contact the person who filed the veto; (c) use information obtained under this Act to intimidate or harass the person who filed the veto; or (d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the veto. S.M. 2014, c. 25, s. 13 .

CONTACT PREFERENCES Contact preference by adoptee or parent 113.1(1) An application to the director to file a contact preference on the post-adoption registry may be made respecting an adoption under this Act, the former Act or an Act of another jurisdiction (a) by an adoptee who is 16 years of age or older; or (b) by a parent named on a pre-adoption birth registration; to indicate the adoptee's or the parent's preferences concerning contact, if any, with the other person. Filing contact preference 113.1(2) Upon receiving an application under subsection (1), the director must file the contact preference on the post-adoption registry if (a) the contact preference is in a form satisfactory to the director; (b) the director is satisfied that the contact preference is not affected by an openness agreement; and (c) the applicant complies with section 107.9. Statement filed with contact preference 113.1(3) A person who files a contact preference may file with it a written statement that includes one or more of the following: (a) a description of the person's preferences regarding contact; (b) an explanation for the person's preferences regarding contact; (c) a brief summary of any available information about the medical and social history of the person and their family; (d) any other relevant non-identifying information. Information given when preference filed 113.1(4) When a person who requests information or contact with another person under this Part is informed that a contact preference has been filed, the director must (a) give the person any written statement filed under subsection (3); and (b) advise the person in writing of the prohibitions set out in subsection (7). Effect of contact preference 113.1(5) The director must not disclose any identifying information respecting the person who filed the contact preference, except in accordance with this Part. Cancelling contact preference 113.1(6) A person who files a contact preference may cancel the contact preference at any time by notifying the director in writing. Prohibitions 113.1(7) A person who is named in a contact preference filed by another person must not (a) knowingly contravene any term set out in the contact preference; (b) procure another person to contravene any term set out in the contact preference; (c) use information obtained under this Act to intimidate or harass the person who filed the contact preference; or (d) procure another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the contact preference. S.M. 2014, c. 25, s. 13 . POST-ADOPTION REGISTRY Post-adoption registry continued 114 The post-adoption registry is continued. S.M. 2014, c. 25, s. 14 . Purpose of registry 115 The purpose of the post-adoption registry is to facilitate information sharing and contact, by consent, for persons in relation to an adoption granted under this Act or the former Act. S.M. 2014, c. 25, s. 14 . Information on registry 116 The post-adoption registry is to be maintained by the director, who must include the following on it: (a) information obtained from records relating to the granting of an order of adoption made under this Act or the former Act; (b) documents filed with the director, including openness agreements, disclosure vetoes, contact vetoes, contact preferences and undertakings; (c) information given by persons entitled to register on the post-adoption registry or by members of their families. S.M. 2014, c. 25, s. 14 . Disclosure of information from registry 117 All information on the post-adoption registry is confidential and access to and disclosure of information in the registry may be given only in accordance with this Act. S.M. 2014, c. 25, s. 14 . Who May Register to Request a Search Request for search by adult adoptee 118 An adult adoptee may register on the post-adoption registry to request a search by the director to locate (a) their birth mother; (b) their birth father; and (c) their adult birth siblings. S.M. 2014, c. 25, s. 14 . Request for search by birth parents or siblings 118.1 The following persons may register on the post-adoption registry to request a search by the director to locate an adoptee who is 18 years of age or older: (a) the adult adoptee's birth mother; (b) the adult adoptee's birth father; (c) the adult adoptee's adult birth siblings. S.M. 2014, c. 25, s. 14 . Request for search by adoptive parent or guardian 119(1) An adoptive parent or guardian of an adoptee under the age of 18 years may register on the post-adoption registry to request a search by the director to locate (a) the adopted child's birth mother; (b) the adopted child's birth father; and (c) the adopted child's adult birth siblings. Consent of adoptee required if 12 years or older 119(2) An adoptive parent or guardian may not request a search under subsection (1) without the adopted child's consent if the child is 12 years of age or older. S.M. 2014, c. 25, s. 14 . Request for search if adoptee has died 119.1(1) If an adoptee has died, their adoptive parents, adult adoptive siblings and adult children may register on the post-adoption registry to request a search by the director to locate the adoptee's birth mother, birth father and adult birth siblings. Request for search by grandparent if birth parent has died 119.1(2) If an adoptee's birth parent has died and the adoptee is 18 years of age or older, a parent of the deceased birth parent may register on the post-adoption registry to request a search by the director to locate the adoptee. Proof of death 119.1(3) A person who wishes to register on the post-adoption registry under this section to request a search must provide proof satisfactory to the director of the deceased's death. S.M. 2014, c. 25, s. 14 . Cancelling registration or search request 119.2 A person who registers on the post-adoption registry or requests a search by the director may cancel the registration or search request at any time by notifying the director in writing. S.M. 2014, c. 25, s. 14 . Limits on Search Limits on search 119.3(1) A person is not entitled to assistance from the director in searching for another person if the other person has filed one of the following documents on the post-adoption registry: (a) a disclosure veto; (b) a contact veto; (c) a contact preference in which the other person requests to have no contact with the person. Search of the registry 119.3(2) In providing assistance, the director is not obligated to do more than search the information and documents on the post-adoption registry. Search if adoptee under 18 119.3(3) The director must not undertake a search that could result in contact between an adoptee who is under 18 years of age and their birth mother or birth father or an adult birth sibling without the consent of (a) an adoptive parent or guardian of the adoptee; and (b) the adoptee, if they are 12 years of age or older. S.M. 2014, c. 25, s. 14 . Search Results Director to advise of search results 119.4(1) The director must advise a person who requests a search under sections 118 to 119.1 of the results of the search, and advise whether the person being searched for (a) wishes to be contacted; (b) does not wish to be contacted; (c) cannot be contacted; or (d) is deceased. If persons wish to exchange information or be in contact 119.4(2) If a person located by the director as a result of a search wishes to exchange identifying information or have contact with the person who requested the search, the located person must register on the post-adoption registry and the director may then facilitate communication between the two persons. If contact not desired 119.4(3) If a person located by the director as a result of a search does not wish to be contacted, the director must not disclose any identifying information about the located person to the person who requested the search. This applies whether or not the located person has filed a disclosure veto, contact veto or contact preference. S.M. 2014, c. 25, s. 14 . DISCLOSURE OF INFORMATION TO OTHER JURISDICTIONS Disclosure of information to other jurisdictions 119.5(1) Pursuant to an agreement entered into under subsection (2), the director may disclose identifying and non-identifying information to an appropriate authority in another jurisdiction where it is necessary (a) to enable the director to determine if a disclosure veto, contact veto or contact preference has been filed in that jurisdiction; or (b) to enable the authority to determine if a disclosure veto, contact veto or contact preference has been filed under this Act or the former Act. Information-sharing agreement 119.5(2) The director may enter into an agreement with the government of another jurisdiction respecting the sharing of information, including personal information, for the purposes mentioned in subsection (1). Information safeguards 119.5(3) An agreement must provide reasonable safeguards (a) to protect the confidentiality and security of any personal information that the director discloses; and (b) to ensure that personal information will be used only for the purposes for which it was disclosed. Meaning of "personal information" 119.5(4) In this section, "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act and personal health information as defined in The Personal Health Information Act . S.M. 2014, c. 25, s. 14 . PART 5 OFFENCES AND PENALTIES Paying or accepting payment for an adoption 120(1) A person shall not give or receive, offer to give or receive, or agree to give or receive any payment or reward, whether directly or indirectly, (a) to procure or assist in procuring a child for the purposes of adoption in or outside of Manitoba; or (b) to place or arrange the placement of a child for the purposes of adoption in or outside of Manitoba. Exception 120(2) Subsection (1) does not apply to any of the following: (a) a birth mother receiving from a prospective adoptive parent expenses that do not exceed those allowed under the regulations; (b) an adoptive parent who receives financial assistance under section 34; (c) a lawyer receiving reasonable fees and expenses for legal services provided in connection with an adoption; (d) a health care provider receiving reasonable fees and expenses for medical services provided to a child who is the subject of an adoption or to the birth mother in connection with the pregnancy or birth; (e) an adoption agency or a child and family services agency receiving fees and expenses that do not exceed those allowed under the regulations; (f) any other person prescribed by regulation. Placing child outside of Manitoba 121 A person shall not take or send or attempt to take or send a child outside of Manitoba for the purpose of placing the child for adoption, other than for an adoption under Division 6 of Part 3, except in accordance with this Act. Identifying person involved in adoption proceeding 122 A person who contravenes subsection 100(3) is guilty of an offence and is liable as set out in section 126. Contravening a contact veto 123 A person who contravenes subsection 113(5) is guilty of an offence and is liable as set out in section 126. S.M. 2014, c. 25, s. 15 . Contravening a contact preference 123.1 A person who contravenes subsection 113.1(7) is guilty of an offence and is liable as set out in section 126. S.M. 2014, c. 25, s. 16 . Operating adoption agency without a licence 124 A person shall not operate an adoption agency without a licence issued in accordance with this Act and the regulations. Advertising 125(1) A person shall not publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a child. Exception 125(2) Subsection (1) does not apply to any of the following: (a) the publication of a notice under a court order; (b) the publication of a notice authorized by the director; (c) an advertisement by an adoption agency advertising its services only, without referring to specific children; (d) an announcement of an adoption placement or an adoption; (e) other forms of advertisement specified by regulation. Penalty 126(1) A person who contravenes a provision of this Part is guilty of an offence and liable on summary conviction to a fine of not more than $50,000. Continuing offence 126(2) Where a contravention referred to in section 122 or 124 continues for more than one day, the person is guilty of a separate offence for each day the contravention continues. Offence by an officer, etc. of corporation 126(3) When a corporation is guilty of an offence under subsection (1), an officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in the offence, is also guilty of an offence and is liable on summary conviction to a fine of not more than $50,000. Limitation period 126(4) No proceeding for an offence under this Act may be commenced more than six months after the facts on which the proceeding is based first came to the director's knowledge. S.M. 2014, c. 25, s. 17 . PART 6 REGULATIONS Regulations 127(1) The Lieutenant Governor in Council may make regulations (a) prescribing forms for the purposes of this Act; (b) governing the payment of fees for applications, licences, registrations or other things done under this Act, and the waiving of fees; (c) prescribing procedures for the placement of children for adoption; (d) respecting the conditions under which financial assistance may be given to a person adopting a child and the amount of financial assistance; (e) respecting the maintenance and security of records under this Act; (f) respecting the post-adoption registry, including specifying the information to be provided by a person applying to register; (f.1) respecting applications for documents or information under Part 4; (f.2) respecting giving documents or disclosing information under Part 4; (f.3) respecting disclosure vetoes, contact vetoes and contact preferences under Part 4; (f.4) governing how and by whom applications for documents or information under Part 4, or the filing of documents on the post-adoption registry, may be made on behalf of persons who are incapable of applying or filing for themselves; (f.5) respecting searches by the director under Part 4; (f.6) respecting consents by adopted children or other persons to searches under Part 4; (f.7) respecting agreements that the director may enter into under section 119.5; (g) allowing prospective adoptive parents to pay expenses of birth parents and specifying the types of expenses and limiting the amounts of those expenses; (h) specifying other persons who are exempt from subsection 120(1) or specifying any circumstances under which a person is exempt from subsection 120(1); (i) respecting other forms of advertising that are exempt from section 125; (j) respecting additional transitional provisions; (k) defining words or phrases for which no definition is given in this Act; (l) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act. Agency regulations 127(2) The Lieutenant Governor in Council may make regulations (a) respecting the licensing of adoption agencies, the renewal of licences and the suspension and cancellation of licences; (b) specifying conditions to be met and maintained by a corporation to obtain and retain a licence as an adoption agency, including conditions relating to the content of its constitution, articles and bylaws, the composition of its board of directors, the qualifications of directors and officers and the election or appointment of directors; (c) respecting the qualifications to be met by persons who provide adoption services for agencies; (d) governing the fees or other expenses that agencies may charge for services and the waiving of fees, and prohibiting agencies from charging fees or expenses for specified adoption services; (e) respecting the assumption of responsibility for the delivery of services of an adoption agency for the purpose of subsection 9(4); (f) respecting the retention, storage and destruction of records in the custody or control of an agency under this Act; (g) respecting the contents of advertisements and other promotional material that may be used by agencies; (h) respecting any other matter necessary for the proper operation, management, administration and accountability of agencies. Conflict with Corporations Act 127(3) If a regulation made under clause (2)⁠(b) conflicts with a provision of The Corporations Act , the regulation prevails. Application of regulations 127(4) In making a regulation under this Act, the Lieutenant Governor in Council may provide differently for different categories of adoptions or different classes of persons. S.M. 2014, c. 25, s. 18 . PART 7 128 to 130 [Repealed] S.M. 2014, c. 25, s. 19 . PART 8 CONSEQUENTIAL AMENDMENTS 131 to 134 NOTE: These sections made up Part 8 of the original Act and contained consequential amendments to other Acts, which amendments are now included in those Acts. PART 9 C.C.S.M. REFERENCE AND COMING INTO FORCE C.C.S.M. reference 135 This Act may be cited as The Adoption Act and referred to as chapter A2 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 136 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1997, c. 47 came into force by proclamation on March 15, 1999.