How to Adopt a Stepchild or Relative Who Lives in Ontario

Can you adopt a stepchild or relative directly through an Ontario court?

Yes. Ontario has a specific family adoption route for a child being adopted by a relative, a parent or the spouse of a parent. Ontario specifically states that a person adopting a stepchild or a relative who lives in Ontario can apply directly to the court for an adoption order and does not need an adoption licensee to complete the relative adoption.

This is different from other private adoptions and from international adoption. If the relative child lives outside Canada, international-adoption requirements apply instead.

Who can apply to adopt a relative or stepchild?

Section 199 of Ontario's Child, Youth and Family Services Act, 2017 allows the court to make a family adoption order, if the order is in the child's best interests, on an application by:

• a relative of the child;
• the child's parent; or
• the spouse of the child's parent.

The Ontario government gives examples of relatives such as a niece, nephew or grandchild when explaining the family-adoption process.

An application under section 199 can be made by one individual or jointly by two individuals who are spouses of one another.

Do the applicant and child have to live in Ontario?

Ontario law provides that the court cannot make an adoption order under section 199 for, or on the application of, a person who is not a resident of Ontario.

The application is heard in the county or district where either the applicant or the person being adopted resides when the application is filed, although the court can transfer the proceeding where appropriate.

If your relative lives outside Canada, do not use the domestic family-adoption route described here. Ontario states that adoption of a relative residing outside Canada must follow the requirements applicable to international adoptions.

Which Ontario court handles the adoption?

Adoption cases are generally heard in the Ontario Court of Justice. At Ontario locations served by the Family Court Branch of the Superior Court of Justice, the unified Family Court can hear adoption matters as part of its combined family-law jurisdiction.

Ontario's stepchild-and-relative adoption guidance recommends contacting the Ontario court in your area for instructions on filing the relative-adoption application.

Do the child's parents have to consent?

For a child younger than 16, or a child who is 16 or older but has not withdrawn from parental control, an adoption order generally cannot be made without the written consent of every parent. Different rules apply where the child is in extended society care.

Ontario law also allows a court to dispense with a required consent other than the child's consent or a Director's consent when the statutory requirements are satisfied. The court must be satisfied that dispensing with the consent is in the child's best interests and that the person whose consent is required received notice of the proposed adoption and application to dispense with consent, or that a reasonable effort was made to give notice.

Consent disputes can substantially change the procedure. If a parent will not consent, do not simply omit that parent from the application.

Does the child have to consent to the adoption?

Generally, yes if the child is seven years of age or older. Section 180 of the Child, Youth and Family Services Act, 2017 states that an adoption order for a person age seven or older cannot be made without that person's written consent, subject to the statutory exception allowing the court to dispense with the child's consent in limited circumstances.

Before giving consent, the child must have an opportunity to obtain counselling and independent legal advice about the consent. Under the Family Law Rules, the child's consent is Form 34 and must be witnessed by a representative of the Children's Lawyer, who completes the affidavit of execution and independent legal advice in the form.

Why must you wait 21 days before filing?

A person who gives a consent under the statutory parent- or child-consent provisions can withdraw that consent in writing within 21 days after giving it.

Ontario's current Family Law Rules therefore provide that, where the relevant consent was given, an applicant cannot start a family-adoption application under subsection 199(2) until that 21-day period has expired.

The family-adoption material must also include an affidavit from each applicant confirming that the applicant did not receive a withdrawal of consent during the 21-day period.

Which forms are required for an Ontario family adoption?

The principal court form is Form 8D, Application (Adoption). Ontario Court Services currently provides the May 26, 2025 version, effective July 3, 2025.

Rule 34 of the Family Law Rules identifies supporting material that may be required. Depending on the case, this includes:

• a certified copy of the child's statement of live birth, or an equivalent accepted by the court;
• Form 34, Child's Consent to Adoption, when required;
• Form 34A, Affidavit of Parentage, or other parentage evidence required by the court;
• Form 34B if an applicant has a spouse who has not joined in the application and that consent is required;
• Form 34D, Affidavit of Adoption Applicant(s), which addresses matters including the applicant's education, employment, health, background, ability to support and care for the child, relationship with the child and other best-interests evidence;
• Form 34H, Affidavit of Applicant to a Family Adoption, where required under the family-adoption rules;
• Form 34H.1 for specified people living with a family-adoption applicant, where applicable; and
• Form 34I, Parent's Consent to Adoption by Spouse, for the applicable stepparent adoption.

The exact package depends on the child's circumstances, parentage, required consents and household. Use the current forms published by Ontario Court Services rather than an older saved copy.

Do you need a police record check for a family adoption?

Ontario introduced additional family-adoption screening requirements effective in 2025. A broad record check is required for specified relative adoptive applicants who are age 18 or older and are not a parent of the child as defined under the Children’s Law Reform Act.

The rules also extend the broad record check requirement to specified adults residing with such an applicant. The current Family Law Rules use Form 34H for the applicable applicant and Form 34H.1 for an applicable person living with the applicant. These documents are filed with the court as part of the family-adoption process.

This is an important change if you are relying on an older checklist for a stepparent or relative adoption. Use the current 2025 versions of Forms 34H and 34H.1 and follow the current court instructions for the broad record check.

Is there a special form for a stepparent adoption?

Yes. When the applicant is the spouse of the child's parent, Rule 34 states that the application must be accompanied by the parent's consent in Form 34I, Parent's Consent to Adoption by Spouse.

Other consents can still be required. Being married to or the spouse of one parent does not automatically eliminate the legal rights or required consent of another person who qualifies as a parent under Ontario adoption law.

How much does an Ontario stepchild or relative adoption cost?

Ontario's court-fee regulation provides that no fee is payable for filing an application, filing an answer or placing an application on the hearing list in proceedings under the Child, Youth and Family Services Act, 2017. Ontario Court of Justice family proceedings also do not have filing or listing fees.

This does not mean the entire adoption is necessarily cost-free. You may incur costs for independent legal advice, obtaining documents, broad record checks or professional legal assistance. Ontario does not publish one fixed total cost for a family adoption.

Can you file the adoption documents online?

Ontario Court Services states that most family court forms can be filed online. Since October 14, 2025, the online portal depends on the region and court: the Ontario Courts Public Portal is used for applicable matters in the Toronto region, while Justice Services Online is used for applicable family filings outside Toronto.

Adoption cases have specific filing and confidentiality requirements, so follow the instructions of the court that will hear your adoption. If an online submission is not available or appropriate for your particular adoption documents, the court office can tell you how they must be filed.

What does the court consider before making the adoption order?

The central statutory test is the best interests of the child. The court also cannot make a child adoption order unless it is satisfied that every person who gave a required adoption consent understands the nature and effect of the order and that every applicant understands and appreciates the special role of an adoptive parent.

The court must inquire into the child's capacity to understand and appreciate the nature of the application. The applicant's Form 34D also provides information about the applicant and the relationship with the child that is relevant to the court's assessment.

What changes after the adoption order is made?

An Ontario adoption order under section 199 is final and irrevocable, subject to the statutory appeal provisions.

From the date of the order, the adopted person becomes the child of the adoptive parent for all purposes of law. Generally, the adopted child ceases to be the child of the previous parent and that person ceases to be the child's parent. There is an important stepparent exception: this termination does not apply where the previous parent is the spouse of the adoptive parent.

The court is responsible for transmitting certified adoption-order information to the Registrar General. If you later need Ontario vital-event documents for the family, Helpydo has separate procedures for ordering an Ontario birth certificate and ordering an Ontario marriage certificate.

What if the relative child lives outside Canada?

The direct Ontario family-adoption procedure described here should not be treated as an international-adoption shortcut. Ontario expressly states that adopting a relative who resides outside Canada must follow the requirements that apply to international adoptions.

If the adoption has already occurred outside Canada and the child needs Canadian citizenship, a separate federal process may apply. Helpydo's guide to Canadian citizenship for a child adopted outside Canada covers that distinct procedure.

Common mistakes to avoid

• Treating any close family relationship as automatically sufficient: the applicant must fall within the family-adoption categories recognized by section 199 and the court must find the adoption to be in the child's best interests.
• Filing too soon after consent: where the statutory 21-day withdrawal period applies, the family-adoption application cannot be started before it expires.
• Forgetting the child's own consent: a person age seven or older generally must consent and must have the required opportunity for counselling and independent legal advice.
• Using an outdated Form 34H: Ontario changed the family-adoption affidavit and broad-record-check requirements in 2025 and introduced Form 34H.1.
• Assuming a stepparent can adopt without addressing the other parent's consent: determine every legally required consent before filing.
• Using this process for a child living outside Canada: Ontario requires international-adoption rules for a relative residing abroad.