Adoption in the NWT

Aboriginal custom adoption is a traditional practice between the birth parent(s) and adoptive parent(s). Typically, it involves relatives or other members of the same community. It is the most common form of adoption in the NWT.

What Is Custom Adoption

• Community-led and culturally rooted
• Arranged verbally between families or community members (birth and prospective adoptive parents)
• Aboriginal Custom Adoption is only available to those who are members of an Indigenous group who have practiced the customary laws
• Encourages a continuing relationship between birth parents and their child
• Legally recognized through the Aboriginal Custom Adoption Recognition Act

Steps to Adopt

1. Contact an Aboriginal Custom Adoption Commissioner nominated from your Indigenous government and/or organization
2. Complete required documentation with Commissioner
3. Obtain an Aboriginal Custom Adoption Certificate from the Commissioner, which is equivalent to a court-issued Adoption Order

Find an Aboriginal Custom Adoption Commissioner

• Email cfs_info@gov.nt.ca to request a list of the Aboriginal Custom Adoption Commissioners

Become an Aboriginal Custom Adoption Commissioner

• Indigenous governments and/or organizations may nominate individuals from their communities who have a deep understanding of Indigenous customary law.
• Training is provided by the Department of Health and Social Services on the administrative aspects of the Aboriginal custom adoption process.
• The Department of Health and Social Services does not interfere with the cultural aspects of the process, respecting each community’s unique customs.
• Aboriginal Custom Adoption Commissioners receive an honorarium for completed applications.

Departmental adoption occurs when a child or youth in permanent care is placed with approved adoptive parent(s). It is regulated under the NWT Adoption Act.

Who Can Apply

• 19 years or older
• Lived in the NWT for at least one (1) year
• Complete both criminal record and child protection record checks
• Complete a home study

Request an Adoption Application

The adoption application is not available online.

To request a copy:

• Email cfs_info@gov.nt.ca
• Or contact your local Health and Social Services Authority

Steps to Adopt

1. Complete an Adoption Application
2. Submit required documents (medical, criminal record check, child protection check, references, etc.)
3. Director of Adoptions approves your application
4. Adoption Worker prepares a Pre-Placement Report
5. Child or youth is matched and placed in your home for a minimum probation period of six (6) months
6. Adoption Worker completes a Family Union Report
7. Court finalizes the adoption and provides a copy of the Adoption Order

Support for Special Needs Adoption

• Families adopting children or youth with special needs may qualify for Subsidized Departmental Adoption Assistance, which may include start-up costs and ongoing maintenance payments.

An intercountry adoption (also called international adoption) is the legal process by which a person or couple adopts a child or youth from a country other than their own. It is regulated under the NWT Adoption Act, the Intercountry Adoption Act (Hague Convention), federal immigration laws, and the adoption laws of the child or youth’s country of origin.

Request an Adoption Application

The adoption application is not available online.

To request a copy:

• Email cfs_info@gov.nt.ca
• Or contact your local Health and Social Services Authority

Start the intercountry adoption process

1. Choose a country
2. Complete an Adoption Application
3. Submit required documents (medical, criminal record check, child protection check, references, etc.)
4. Director of Adoptions approves your application
5. Work in partnership with a licensed provincial adoption agency
6. Pay $536 for the preparation of the Pre-Placement Report
7. Child or youth is identified and matched for adoption
8. Complete immigration and travel requirements
9. Travel to the child or youth’s country to finalize the adoption

What to do after you return to the NWT

• Notify Department of Health and Social Services - Adoption Services when you return to the NWT.
• Provide a copy of the Adoption Order

If required by the child’s country, an Adoption Worker will prepare a Post-Placement Report. The fee is $108

Costs and Timelines

• Total cost: $20,000–$50,000
• Stay in country: five (5) days to five (5) weeks

How to Prepare for an Intercountry Adoption

• Read books and articles on Intercountry Adoption
• Speak with adoptive parents who have adopted children from other countries
• Citizenship & Immigration Canada -  http://www.cic.gc.ca
• Family Helper - http://www.familyhelper.net/index.html

Interprovincial adoption involves adopting a child from another province or territory. This can occur through departmental, private, or step-parent adoption. It is regulated under the Provincial/Territorial Protocol on Children and Youth Moving Between Provinces and Territories, as well as the adoption laws and processes of both jurisdictions.

Request an Adoption Application

The adoption application is not available online.

To request a copy:

• Email cfs_info@gov.nt.ca
• Or contact your local Health and Social Services Authority

Steps to Adopt

1. Select the type of adoption
2. Coordinated by the Department of Health and Social Services Interprovincial Coordinator and Quality Specialist - Adoption Services
3. Adheres to the Provincial/Territorial Protocol on Children and Youth Moving Between Provinces and Territories, as well as the adoption laws
4. Adoption Worker, Quality Specialist - Adoption Services and Director of Adoptions work together to complete the steps outlined in the adoption process, depending on the type of adoption
5. Sending province or territory retains legal responsibility until the Adoption Order is granted

Private adoption is arranged directly between birth and adoptive parents, with legal and social supports in place. It is regulated under the NWT Adoption Act.

Request an Adoption Application

The adoption application is not available online.

To request a copy:

• Email cfs_info@gov.nt.ca
• Or contact your local Health and Social Services Authority

Steps to Adopt

1. Retain a lawyer
2. Complete an Adoption Application
3. Submit required documents (medical, criminal record check, child protection check, references, etc.)
4. Director of Adoptions approves your application
5. Your lawyer notifies the Director of Adoptions of the requirement for a Pre-Placement Report and a Family Union Report and pays the following fees:
   • Pre-Placement Report: $536
   • Family Union Report: $108
6. Adoption Worker prepares the Pre-Placement Report
7. Child or youth is placed in your home for a minimum probation period of six (6) months 
8. Adoption Worker completes a Family Union Report
9. Your lawyer files the Petition for Adoption with the Supreme Court of the NWT and prepares all required court documents, including the consent from the birth parents or, if necessary, a request to dispense with consent
10. Court finalizes the adoption and provides a copy of the Adoption Order

A step-parent adoption occurs when a spouse or partner adopts their partner’s child. It is regulated under the NWT Adoption Act.

Steps to Adopt

1. Retain a lawyer
2. Your lawyer notifies the Director of Adoptions of the requirement for a Family Union Report and pays the $108 fee for its preparation
3. Adoption Worker prepares the Family Union Report
4. Your lawyer files the Petition for Adoption with the Supreme Court of the NWT and prepares all required court documents, including the consent from the birth parents or, if necessary, a request to dispense with consent
5. Court finalizes the adoption and provides a copy of the Adoption Order

Contact

• Email cfs_info@gov.nt.ca or contact your local Health and Social Services Authority for more information.