LGBTQIA+ Adoption in Canada

From UBC Wiki

This page will go into detail on the history, process, and issues surrounding adopting a child as an LGBTQIA+ (Lesbian, Gay, Bisexual, Transgender, Queer, Intersex, Asexual, and more) individual living in Canada.[1] First, this page will discuss the history of LGBTIA+ people in Canada, including the legality of adoption and same sex unions. Secondly, it will employ this historical knowledge to describe the current position LGBTQIA+ individuals are in when considering four types of adoption. Thirdly, this page will go into a detailed description of how LGBTQIA+ individuals can adopt children, the issues they will face, and resources available to them. Finally, this page will propose alternative options to creating a family as an LGBTQIA+ identifying individual in Canada.

History of LGBTQIA+ Adoption in Canada

The History of LGBTIA+ adoption in Canada is very much linked to the social acceptance and legal discourse that has developed from one of discrimination and hate to one of acceptance and understanding.[2] Prior to LGBTQAI+ acceptance in law, the LGBTQIA+ community was generally unable to create a social grouping similar to the heteronormative nuclear family that was seen as the epitome of success in the early history of Canada up until the mid-2000s.[3] What is particularly interesting, is that indigenous people living in Canada have always had an accepting understanding of LGBTQIA+ in their view of the family unit, in that often two spirited individuals were able to have a family and were praised when they did so. This shows a general lack of understanding from colonial governments, and an openness to difference in indigenous communities. What should be noted is that prior to legalization of LGBTQIA+ unions, the ability for single male identifying individuals to adopt was incredibly hard.[4]

When LGBTQIA+ marriage, or same-sex unions, became legal in Canada in 2005 under the Civil Marriage Act, Canada became the first nation outside of Europe to formally legalize LGBTQIA+ marriage unions nation-wide. This has an unsurmountable ripple effect on all facets of family life across the country and continues to effect the way people view the "Canadian" family today. By allowing same sex unions to occur across the country, the issue of LGBTQIA+ individuals creating a new vision and form of the family in the public eye. This scared many people across the country, mostly Canadians who were adamant believers in the nuclear family model. With this change came uncertainty of what the Canadian family would look like, will gay men have biological children? Should two women be able to adopt children together? Should a gay man and his partner have the same priority given to them in the adoption process, or should the government focus on giving children to heterosexual couples who are going to uphold the nuclear family model? These are all questions that came from the process of creating legal same sex unions.

The result of all this questioning is still unresolved today. Many LGBTQIA+ couples are limited in their ability to create a family. Adoption is not an easy process for heterosexual and LGBTQIA+ couples alike, but the latter group is faced with more hurdles to jump over to create the vision of a family that they'd like. The first same-sex adoption in Canada was in British Columbia in 1996.[5] Ontario legalised it in 1999,[6] Saskatchewan in 2001,[7] Nova Scotia in 2001,[8] Newfoundland and Labrador in 2002,[9] Quebec in 2002,[10] Manitoba in 2002,[11] the Northwest Territories in 2002,[12] the Yukon in 2003,[13], Alberta in 2007, New Brunswick in 2008,[14] PEI in 2009,[15] and finally Nunuvit in 2011.

Types of Adoption in Canada

Private Adoption

Private adoption is incredibly common in North America, as it is often the quickest and simplest process of adopting a child. This process can be done through an adoption agency, or as an individual. As seen in feature films like Juno, it is possible to create a relationship between the birth parents and the adoptive parents without involving an agency, though this is a much harder process. Once a relationship is establishd a private legal contract is drawn between the two parties and the aboption process can begin. Once the birth occurs, as this process often begins prior to birth, the bilogical parents do not have the ability to take back the child - though this is highly contested and has been tested in court multiple times in Canada and internationally.

Public Adoption

The process of public adoption is often emotional, complicated and frustrating for every typer of person who decides to use this system of adoption. The process goes like this - first a couple or idividual is seen as an applicant. The applciants have to apply for permission to adopt through the government, then wait unitl a child is matched to their application. Each provincial governemnt runs this program at the provincial level in conjunction with the Canadian federal adoption process. As the applicants wait to hear from the governemnt if they have been chosen to adopt a child in government custody - which can take years - there are a series of other tests that the parents must go through. The governmetn must insure that the child will be taken care of, and live in a healthy environment. The parents must take strict health screening, have their home tested to see if it is safe for a child to occupy, and even have their backgrounds checked. There is much scrutiny of this process for being invasive, though the government must insure, at a minimum, that the child will be safe. At the end of the process, if a child is matched to an applicant, they have to undergo a six month probationary period. This period of time allows the governemnt to, at any time for any reason of concern, take the child away from the new parents.

International Adoption

For many LGBTQIA+ couples and individuals’ international adoption, meaning process of adopting a child from a country that is not Canada, seems like the simple and easiest choice. Though, this is a mass misconception. For a an LGBTQ2IA+ individual to adopt a child internationally, the country in which the adoption first takes place - the child's country of origin - must allow this adoption to occur. In the majority of countries globally, being an LGBTQIA+ individual means that you are breaking the law, which makes adoption impossible. Though, if adopting from the united states, or another country where both LGBTQIA+ marriage is legal and LGBTQIA+ adoption is legal, then LGBTQIA+ Canadians are able to adopt children from these countries. Most international adoptions take place as private adoptions internationally and follow a similar process of adoption as described above in the private adoption section of this wiki page.

Relative Adoption

This type of adoption, the relative adoption, is more uncommon than the other three, though still deserves to be mentioned as for some LGBTQIA+ Canadians this is their only option financially, legally and socially. The relative adoption type is pretty well explained by its name. It is a type of adoption where an LGBTQIA+ individual adopts a child from within their own biological family. Often it is the result of an unwanted pregnancy, and a want from a child coming from two members within a biological family. Though, there have been recorded planned pregnancies between heterosexual couples with the intent of giving that child up for adoption to their LGBTQIA+ family member.

Issues Facing LGBTQIA+ Individuals

There are many issues that face LGBTQIA+ individuals in Canada while trying to adopt a child and create a family. These issues include discrimination, lack of international nuderstanding, lack of public understnaing and legal misrepresentation. These issues all contribute to a hegemonic homophobia that is prevasive in Canadian society.[16] The process of adopting a child is not ammune to the issues that come from this hegemony. When an LGBTQIA+ individual applies for public adoption, they are free from descimination in the eyes of the law, as it is Canadian law which governs the action of the government.[17] Though, the legality that was established for same-sex and inter-sex couples to be seen as equal in the eyes of Canadian law, does not protect LGBTQIA+ folk from descrimination in the international arena. This is what makes international adoption nearly impossible.[18] As well, in private adoption, if a birth parent is not comfortable with LGBTQIA+ identities, which is still a pervasive belife across Canada, this option too is nearly impossible for LGBTQIA+ individuals to navigate successfully.[19] Finally, realtive adoption, which is a rare option, is so far a few between that very few LGBTQIA+ individuals have access to this as there are many social factors that must paly into a successful relative adoption. This leave public adoption as the one of only option for LGBTQIA+ individuals to pusue to create a family for themselves non-biologically.[20] This comes at a cost, though not monetary as public adoption is relatively inexpesive, the public adoption process often leads to no children ebign matched to you as an applicant, and worse off spending years anticipating a child to come nto your life and never having a child placed in your home at the end of the process.

Resources for LGBTQIA+ Individuals

  • About.com
    • resource speak to gay adoption statistics, myths and more.
  • Family Equality Council
    • An advocacy organization for LGBTQIA+ parents.
  • Gay Parent Magazine
    • A Global publication for gay parents.
  • Colage
    • Group dedicated to empowering LGBT parents.
  • LGBT Families
    • Resources for the LGBT parenting community about how to create a family.
  • The Center
    • A not for profit organization dedicated to providing guidance to gay parents.
  • The Rainbow Babies
    • Parenting tips, stories and advice for the LGBT community.

Government Programs

Alternatives to Adoption

There are many options to create a family as an LGBTQIA+ individual outside adopting a new born child. These option include;

References

  1. ↑ Gold, Michael (June 21, 2018). "The ABCs of L.G.BT.Q.I.A.+". The New York Times. Retrieved 03/01/2019. Check date values in: |access-date= (help)
  2. ↑ McCaskell, Tim (2016). Queer progress : from homophobia to homonationalism. Toronto: Between the Lines.
  3. ↑ Greenaway, Norma (2002). "The nuclear family: Canada's newest minority". The Ottawa Citizen.
  4. ↑ Jean, O'Hara. "Two-spirit acts : queer indigenous performances". Toronto : Playwrights Canada Press. 2013.
  5. ↑ "B.C. Court of Appeal Orders Province to Issue Marriage Licenses to Same-Sex Couples—Effective Immediately".
  6. ↑ "Bill 5, Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999".
  7. ↑ "Statute 51" (PDF).
  8. ↑ "Bill #75".
  9. ↑ "NEWFOUNDLAND OKS GAY ADOPTION".
  10. ↑ "Bill n°84 : An Act instituting civil unions and establishing new rules of filiation".
  11. ↑ "THE CHARTER COMPLIANCE ACT".
  12. ↑ "Northwest Territories".
  13. ↑ "TABLE OF PUBLIC STATUTES Part 1". line feed character in |title= at position 25 (help)
  14. ↑ "Family Services Act".
  15. ↑ "CHAPTER 8 (Bill No. 33) Domestic Relations Act" (PDF). line feed character in |title= at position 24 (help)
  16. ↑ Post, media, National (2019). "Still-active human rights case speaks to lasting homophobia in Canada: activists". National Post.
  17. ↑ Smith, Miriam (2019). "Homophobia and Homonationalism: LGBTQ Law Reform in Canada". Social & Legal Studie.
  18. ↑ "International Adoption".
  19. ↑ "Private Domestic Adoption".
  20. ↑ "Relative Adoption".
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