Adoption Regulation (Alta. Reg. 187/2004)

Alta. Reg. 187/2004

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 187/2004 With amendments up to and including Alberta Regulation 222/2025 Current as of September 24, 2025 CHILD, YOUTH AND FAMILY ENHANCEMENT ACT ADOPTION REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 222/2025) ALBERTA REGULATION 187/2004 Child, Youth and Family Enhancement Act ADOPTION REGULATION Table of Contents 1

Definitions 1.1 Forms

Part 1 Licensed Adoption Agencies 2

Definitions 3 Application for licence to operate agency 3.1 Duty to report certain changes immediately 4 Fees 5 Inspection 6 Licence to be displayed 7 Application for adoption placement 8 Acceptance or refusal of applic ation for adoption placement 9 Home assessment report 1 0 Decision of agency 1 2 Consents and counselling 1 3 Placement of a c hild for adoption 1 4 Post-placement assessment 1 5 Prohibition 1 6 Termination of ado ption placement Direct Placement Adoption 1 7 Direct placement General 1 8 Post-placement counselling services 1 9 Additional information 2 0 Transfer of documents 2 1 Duties of agency 2 2 Program director 2 3 Fees and expenses 2 4 Funds held in trust 2 5 Advertising

Section 1 AR 187/2004 ADOPTION REGULATION 2

Part 2 International Adoption 2 6

Definitions 26.1 Guardianship orders 2 7 Application for international adoption 2 8 Dealing with application 2 9 Notification of changes 3 0 Approval of adoption placement 3 1 Adoption where no approval required 32 Designation of c ompetent authority

Part 4 Repeals, Expiry and Coming into Force 3 4 Repeal 3 6 Coming into force Forms

Definitions 1 In this Regulation, (a) “Act” means the Child, Youth and Family Enhancement Act; (b) “agency” means a licensed adoption agency; (c) “Appeal Panel” means an A ppeal Panel established under

section 118 of the Act; (d) “director” means a person designated by the Minister as a director for the purposes of the Act; (e) “qualified person” means a qualified person as defined in the Child, Youth and Family Enhancement Regulation. Forms 1.1 The forms referred to in this Regulation are the forms set out in the Schedule. AR 251/2009 s2

Section 2 AR 187/2004 ADOPTION REGULATION 3

Part 1 Licensed Adoption Agencies

Definitions 2 In this Part, (a) “adoption placement” means the placement of a child with an approved applicant for the purpose of adoption of the child by the approved applicant; (b) “applicant”, except in sec tions 3 and 5, means a person who applies to an agency for an adoption placement; (b.1) “approved applicant” means an applicant who is approved under

section 10(1)(

a) for an adoption placement; (c) “direct placement” means the placement of a child directly by the child’s parent in the custody of a person who intends to adopt the child. (d) “prospective adoptive parent ’s profile” means information about an approved applicant. AR 187/2004 s2;242/2020 Application for licence to operate agency 3(1) In this

section and

section 5, “applicant” means a person who applies to a director for a licence to operate an agency.

(2) An application for a licence to operate an agency must be in Form 1 and must be accompanied by the following documentation: (

a) evidence satisfactory to the director (

i) that the applicant is a corporate body described in

section 87(1) of the Act, and (ii) that the applicant has obtained general liability insurance, satisfactory to the director, covering the proposed agency and its employees; (

b) a list of contract and staff positions, including a job description for each position and the qualifications and experience required for each position; (

c) a written description of t he applicant’s proposed program and procedures, including an explanation of the applicant’s policy regarding (

i) recruitment and assessment of persons who apply for an adoption placement,

Section 3.1 AR 187/2004 ADOPTION REGULATION 4 (ii) recruitment of persons w ho wish to place a child for adoption through the agency, (iii) provision of counselling services for persons who apply for an adoption placement and for adoptive parents, (iv) provision of counselling services for persons who wish to place a child or who have placed a child for adoption through the agency, (

v) advertising of adoption services, (v.1) advertising of prospectiv e adoptive parents’ profiles, including the places in which and methods by which the applicant intends to publish the advertisements, and (vi) processing or assistance with the processing of direct placement adoptions; (

d) a fee

schedule for the services provided by the agency; (

e) any other information that the director considers necessar y to enable the director to determine the capacity of the applicant to provide the services and carry out the responsibilities of an agency.

(3) An application for the renewal of a licence to operate an agency must be in Form 1 and must be accompanied by (

a) if there has been a change in any of the information referred to in subsection (2)(a)(ii), (b), (

c) or (

d) since that information was last provided by the applicant, a statement of the changes, and (

b) any other information that the director considers necessar y to enable the director to determine the capacity of the applicant to continue to provide the services and carry out the responsibilities of an agency. AR 187/2004 s3;251/2009;242/2020 Duty to report certain changes immediately 3.1 An agency must immediately report to a director any change in the agency’s program, procedures or policy respecting a matter referred to in

section 3(2)(c)(v.1). AR 242/2020 s4 Fees 4(1) The fee payable with an application under

section 3 is

Section 5 AR 187/2004 ADOPTION REGULATION 5 (a) $200 for an initial licence, or (b) $100 for a renewal of a licence.

(2) A fee referred to in subsection (1) is non-refundable. AR 187/2004 s4;117/2008 Inspection 5 On receiving an application for a licence to operate an agency, a director may inspect or cause to be inspected the premises from which the applicant proposes to operate the agency for the purpose of determining whether the applicant will be in compliance with the Act and this Regulation. AR 187/2004 s5;251/2009 Licence to be displayed 6(1) A licence or conditional licence to operate an agency must be kept on the premises of the agency and must be available for inspection by any person.

(2) If an agency has been issued a conditional licence, the agency must notify its clients in writing within 10 days after the conditional licence has been issued that the agency’s licence is conditional and must provide the conditions to the agency’s clients. AR 187/2004 s6;241/2020 Application for adoption placement 7(1) Any adult who maintains his or her usual residence in Alberta may apply to an agency for an adoption placement.

(2) On receiving an application under subsection (1), an agency must (

a) ensure that the applicant has been provided with a written description of the adoption services provided by the agency and the fee

schedule for those services, which must include a description of which fees are non- refundable and which fees are held in trust, (

b) advise the applicant that the results of an intervention record check are required and provide the applicant with a copy of the form approved by the director for that purpose, (

c) advise the applicant that the results of a criminal record check, including a vulnerable sector search and dated not earlier than 6 months prior to the date of the application, are required, and

Section 8 AR 187/2004 ADOPTION REGULATION 6 (

d) provide a director with a copy of the application within 1 4 days of receipt of the application. AR 187/2004 s7;251/2009;241/2020 Acceptance or refusal of application for adoption placement 8(1) After the receipt by an agency of (

a) the results of the interven tion record check referred to in

section 7(2)(b), (

b) the results of the criminal record check referred to in

section 7(2)(c), and (

c) any other documentation requested by the agency from the applicant for the purpose of processing the applicant’s application, the agency must accept or refuse to accept an application received under

section 7.

(2) An agency must forthwith notify an applicant in writing of (

a) its decision under subsection (1), and (

b) if its decision is to accept the applicant’s application, the date of the acceptance. Home assessment report 9(1) An agency must (

a) within 90 days o f accepting an application for an adoption placement, complete a home study report in respect of the applicant in Form 9, and (

b) require the applicant to provide an update report in Form 4 every 12 months until the applicant receives an adoption placement.

(2) Notwithstanding subsection (1), if for any reason acceptable to a director an agency is unable to complete a home study report within the 90-day period, the director may, in writing, extend the time for completion of the home study report.

(3) An agency may require an addendum to a home study report, in Form 10, where the agency has reason to believe that there has been a significant change in circumstances such that the suitability of the applicant to have the care and custody of a child might be affected.

Section 10 AR 187/2004 ADOPTION REGULATION 7

(4) Any update report prepared in accordance with subsection (1)(b), and any addendum to a home study report prepared in accordance with subsection (3), must be attached to and forms part of the home study report. AR 187/2004 s9;251/2009 Decision of agency 10(1) On completion of a home study report in respect of an applicant, an agency must (

a) if in its opinion the applic ant is a fit and proper person to have the care and custody of a child, approve the applicant for an adoption placement, or (

b) if in its opinion the applic ant is not a fit and proper person to have the care and custody of a child, refuse to approve the applicant for an adoption placement.

(2) No approval shall be given under subsection (1)(

a) until the applicant has received pre-placement counselling services from a qualified person regarding the adoption process and the parenting of an adopted child.

(3) If, as a result of an intervention record check referred to in

section 7(2)(b), a director has identified a concern regarding the suitability of an applicant to have the care and custody of a child, the agency shall not approve the applicant under subsection (1)(

a) without the prior written consent of the director.

(4) An agency may, at any time before a child is placed for adoption with an applicant who has been approved under subsection (1)(a), rescind the approval if, in its opinion, circumstances have arisen or evidence has become available indicating that the applicant is not a fit and proper person to have the care and custody of a child.

(5) If an agency (

a) refuses to approve an app licant for an adoption placement, or (

b) rescinds the approval of an applicant for an adoption placement, the agency must, not later than 10 days after that decision, provide a written notice to the applicant and a director setting out the decision and the reasons for it. AR 187/2004 s10;251/2009 11 Repealed AR 251/2009 s7.

Section 12 AR 187/2004 ADOPTION REGULATION 8 Consents and counselling 12 If the guardian of a child wishes to place the child for adoption through an agency, the agency must (

a) ensure that the guardian has been provided with a written description of the adoption services provided by the agency, (

b) make counselling services concerning the proposed adoption available to the guardian and to the child, if the child is 12 years of age or older, and ensure that the counselling services are provided by a qualified person, (

c) advise the guardian and the child, if the child is 12 year s of age or over, that counselling services concerning the proposed adoption are also available through a director, and (

d) refer the guardian and th e child, if the child is 12 years of age or over, (

i) to a director or lawyer for the completion of a consent to adoption, and (ii) to a director for counse lling services concerning the proposed adoption, if the guardian or the child, or both, request those counselling services from the director. Placement of a child for adoption 13(1) No agency shall place a child for the purpose of adoption with an applicant (

a) who has not been approve d by the agency in accordance with

section 10, or (

b) if the applicant has receive d an adoption placement in the previous 12-month period. (2) Subsection (1)(

b) does not apply if (

a) the child who is proposed to be placed with the applicant is a sibling of the child previously placed with the applicant for the purpose of adoption, or (

b) the applicant’s previous a doption placement is no longer subsisting.

(3) Before placing a child with an approved applicant, an agency must

Section 13 AR 187/2004 ADOPTION REGULATION 9 (

a) ensure that it has obtained (

i) a report in Form 5 prep ared by a qualified person setting out (

A) the social history of the child and the biological parents of the child, and (

B) the medical history o f the biological parents of the child, a n d (ii) a medical report on For m 6 in respect of the child prepared by a physician, (

b) be satisfied that the child is a Canadian citizen or has been lawfully admitted to Canada for permanent residence, and (

c) make every reasonable effort to obtain (

i) a consent to adoption signed by the guardian of the child and witnessed by a director or lawyer, and (ii) if the child is 12 years of age or over, a consent to adoption signed by the child and witnessed by a director or lawyer.

(4) If a consent referred to in subsection (3)(c)(

i) cannot reasonably be obtained before placement of a child, the agency must notify a director of the reason why a consent cannot reasonably be obtained before placement and may place the child with an approved applicant only if the director, on being satisfied that the consent will be given by the guardian within a reasonable time period, agrees to the placement.

(5) An agency must ensure that copies of the reports referred to in subsection (3)(a)(

i) and (ii) are provided (

a) to the approved applicant prior to the placement of the child with the approved applicant, and (

b) to a director w ithin 21 days after the adoption placement.

(6) In the case of a proposed adoption placement of a child whose biological father is not also a guardian of the child, the agency must, before placing the child with the approved applicant, notify or make reasonable efforts to notify the child’s biological father of the proposed adoption placement.

(7) The agency must document the notification or the efforts to notify the biological father required under subsection (6) and must

Section 14 AR 187/2004 ADOPTION REGULATION 10 provide the documentation to a director within 21 days after the adoption placement.

(8) The agency must, within 21 days after the adoption placement, notify a director in writing of the adoption placement. AR 187/2004 s13;117/2008;251/2009 Post-placement assessment 14(1) The agency must ensure that the home of the approved applicant is visited by a qualified person, as soon as practicable but not later than 21 days after the child is placed in the home, for the purpose of commencing a post-placement assessment of the approved applicant.

(2) A post-placement assessment of the approved applicant must be in Form 7 and must be (

a) completed as soon as appropriate, in the opinion of the agency, after the adoption placement, and (

b) attached to the approved applicant’s home study report. AR 187/2004 s14;251/2009 Prohibition 15(1) No agency shall (

a) place a child for the purpo se of adoption outside Alberta, (

b) place or attemp t to place a child for the purpose of adoption unless the child is a Canadian citizen or has been lawfully admitted to Canada for permanent residence, (

c) place or attempt to place a child for the purpose of adoption, if the child is in the custody of a director within the meaning of

section 1(5) of the Act, unless the agency has the written authorization of a director, or (

d) place or attemp t to place a child for the purpose of adoption if the child is in the custody or under the guardianship of a child welfare authority in another province, unless the agency has written authorization from that child welfare authority. (2) Subsection (1)(

a) does not apply to an agency that is permitted by the laws of another province or territory of Canada to place children for adoption in that province or territory.

Section 16 AR 187/2004 ADOPTION REGULATION 11 Termination of adoption placement 16(1) An approved applicant may terminate an adoption placement prior to the granting of an adoption order by advising the agency in writing of the termination.

(2) On receiving a notice of termination in accordance with subsection (1), the agency must forthwith (

a) notify a director of the termination, (

b) notify the guardian and a parent, if the guardian is not a parent, of the termination, and (

c) advise the guardian of the guardian’s right to resume custody of the child.

(3) Before placing the child with an alternative approved applicant, the agency must, in accordance with

section 12, refer the guardian and the child, if the child is 12 years of age or older, to a director or lawyer for the completion of a consent to adoption. AR 187/2004 s16;251/2009 Direct Placement Adoption Direct placement 17(1) A person with whom a child has been placed for adoption through a direct placement may apply to an agency to process, or for assistance with the processing of, the adoption.

(2) On receiving an application under subsection (1), an agency must (

a) ensure that the adopting person has been provided with a written description of the adoption services provided by the agency and the fee

schedule for those services, and (

b) advise the adopting person o f the requirements of

section 63(3) of the Act. General Post-placement counselling services 18(1) An agency must provide post-placement counselling services to the following persons, if requested by that person: (

a) an approved applicant; (

b) a person who has applied under

section 17(1);

Section 19 AR 187/2004 ADOPTION REGULATION 12 (

c) an adoptive parent with w hom the agency has placed a child for adoption.

(2) An agency must provide post-placement counselling services to a guardian who has placed a child for adoption through the agency at any time after the adoption placement, for a period of up to 6 months following the granting of the adoption order, if the guardian requests those services.

(3) An agency must ensure that post-placement counselling services are provided by a qualified person. Additional information 19 Any information obtained by an agency following the granting of an adoption order and relating to the social or medical history of (

a) the child who is the subj ect of the adoption order, or (

b) the biological parents of the child who is the subject of the adoption order must be forwarded to a director for retention for the purposes of disclosure under

Part 2, Division 2 of the Act. AR 187/2004 s19;251/2009 Transfer of documents 20 On the granting of an adoption order, an agency must transfer to a director all copies of the documentation in the possession of the agency that was filed with the Court in support of the application for an adoption order. AR 187/2004 s20;251/2009;164/2010 Duties of agency 21(1) An agency must, on or before the last day of the 3rd month immediately following the end of the agency’s fiscal year, submit to a director (

a) an annual financial state ment prepared by a registrant within the meaning of the Regulated Accounting Profession Act, and (

b) an annual report on the operation of the agency during the year to which the annual report relates, including the number of (

i) applications for ado ption placements received, (ii) home study reports completed,

Section 22 AR 187/2004 ADOPTION REGULATION 13 (ii.1) advertisements of prospective adoptive parents’ profiles published by the agency and the places in which and methods by which the profiles were advertised, (iii) applicants approved under

section 10, (iv) adoption placements, (

v) cases where an adoptio n placement was terminated under

section 16 and the circumstances surrounding the termination, (vi) cases where a child who was placed with an approved applicant for the purpose of adoption was removed from the approved applicant and the circumstances surrounding the removal, (vii) applications under

section 17(1), (viii) adoption orders granted, and (ix) contested court hearings r elating to an application for an adoption order and the circumstances relating to each contested hearing.

(1.1) If a director requires additional information relating to a matter referred to in subsection (1)(b), the director may, in writing, order the agency to provide the information within the time specified in the order.

(2) At the request of a director, the agency must provide to the director (

a) any statistical information and reports relating to the operation of the agency, or (

b) copies of any documentation or other records relating to an adoption or an adoption placement. AR 187/2004 s21;251/2009;164/2010;242/2020 Program director 22(1) An agency must designate a qualified person as the program director of the agency, who is responsible for the day to day operation of the adoption program of the agency.

(2) A program director designated under subsection (1) is considered to be the officer of the agency for the purposes of the Act and this Regulation.

Section 23 AR 187/2004 ADOPTION REGULATION 14

(3) An agency must notify a director in writing not later than 10 days after (

a) the designation of a program director, and (

b) any change in the designation of a program director.

(4) The responsibilities of the program director include (

a) the supervision of qualified persons delivering the services of the agency, and (

b) the supervision and review of home study reports and addendums to home study reports, but do not include the preparation or completion of those reports or addendums. AR 187/2004 s22;251/2009 Fees and expenses 23(1) An agency may charge to a person, other than a guardian who wishes to place or who has placed a child for adoption through the agency, the fees and expenses incurred in providing the following services: (

a) processing an applicatio n for an adoption placement; (

b) processing or assisting w ith the processing of a direct placement adoption; (

c) preparation of social histories of (

i) a child who is adopted or intended to be adopted, and (ii) the biological parents of the child; (

d) preparation of a medical history of the biological parents of a child who is adopted or intended to be adopted; (

e) preparation by a physician o f a medical report in respect of a child who is intended to be adopted; (

f) preparation of a home study report; (

g) preparation of an addendum to a home study report; (

h) pre-placement counsellin g services for an applicant; (

i) transportation relating to the placement of a child for adoption; (

j) preparation of a pos t-placement assessment;

Section 23 AR 187/2004 ADOPTION REGULATION 15 (

k) preparation, filing and service of documents and notices relating to an adoption and an application for an adoption order; (

l) post-placement counselli ng services provided under

section 18(1); (

m) transfer between agenci es of an application for an adoption placement; (

n) legal services provided in connection with an adoption; (n.1) publication of advertisem ents of a prospective adoptive parent’s profile; (

o) any other services relatin g to an adoption that, in the opinion of a director, are necessary.

(2) An agency may charge to each approved applicant a flat rate fee to cover (

a) counselling services concerning a proposed adoption placement that are requested by a guardian who wishes to place a child for adoption through the agency, (

b) post-placement counselli ng services requested by a guardian who has placed a child for adoption through the agency, and (

c) costs associated with program development and community outreach.

(2.1) A flat rate fee that is charged to an approved applicant under subsection (2) (

a) is non-refundable, and (

b) is considered to be a fee or expense incurred by the agency for services provided to or for the benefit of that person.

(3) An agency may charge to a person whose child has been adopted the fees and expenses incurred in providing that person with counselling services relating to the adoption, where (

a) the counselling services have been requested by that person, and (b) 6 months has passed since the granting of the adoption order, if the adoption was processed through the agency.

Section 24 AR 187/2004 ADOPTION REGULATION 16

(4) Not later than 30 days after the making of an adoption order, an agency must provide to a director an itemized statement showing the fees charged in respect of the adoption. AR 187/2004 s23;251/2009;164/2010;241/2020;242/2020 Funds held in trust 24(1) An agency that requires payment in advance for any of its services must establish and maintain a separate account in a bank, treasury branch or trust company in which the funds received by the agency from any person who will be receiving services referred to in this Regulation must be deposited and, subject to subsection (2), held in trust by the agency for the person who will be receiving the services.

(2) A flat rate fee that is charged to an approved applicant under

section 23(2) is not held in trust.

(3) Money held in trust under subsection (1) may only be withdrawn and used after notification to the person who paid the agency for the agency’s services, and may only be used for fees and expenses specified in

section 23(1) that are incurred by the agency for services provided to that person.

(4) Money held in trust after fees and expenses are paid must be returned to the person who paid the money to the agency.

(5) An agency must keep a separate book of accounts showing the deposits and withdrawals from the account established under subsection (1), the name of the person for whom each deposit or withdrawal is made and the date of each deposit or withdrawal from the account. AR 187/2004 s24;241/2020 Advertising 25(1) An agency may advertise only in accordance with this section.

(2) Advertising by an agency must be in good taste and (

a) must be truthful, accurate and not misleading to the public, (

b) shall not claim or imply tha t the services of the agency are superior to those of another agency, (

c) shall not guarantee an adop tion placement or the adoption of a child, and (

d) shall not publicize any se rvice or activity that could identify

Section 25 AR 187/2004 ADOPTION REGULATION 17 (

i) an applicant, (ii) a person who has applied under

section 17(1), (iii) an adoptive parent or a prospective adoptive parent, (iv) a child placed or intende d to be placed for adoption, or (

v) the guardian or biological parent of a child placed or intended to be placed for adoption.

(3) An agency may publish an advertisement of a prospective adoptive parent’s profile only in accordance with subsections (2) and (4) to (6).

(4) An agency must not advertise a prospective adoptive parent’s profile for any purpose in relation to (

a) a direct placem ent adoption, or (

b) an international adoption under

Part 2.

(5) An agency that advertises a prospective adoptive parent’s profile must (

a) maintain sole control of t he advertised profile at all times, (

b) ensure that all communication between the prospective adoptive parent and any parents or guardians responding to the advertised profile is managed by the agency, and (

c) take reasonable steps to en sure that no person shares the advertised profile by republishing or posting it in any place or by any method.

(6) The advertisement by an agency of a prospective adoptive parent’s profile must not include personal information about the prospective adoptive parent unless the prospective adoptive parent has consented to the inclusion of that information.

(7) If a director is of the opinion that advertising by an agency contravenes this section, the director may, in writing, order the agency to take the measures specified in the order within the time specified in the order. AR 187/2004 s25;251/2009;242/2020

Section 26 AR 187/2004 ADOPTION REGULATION 18

Part 2 International Adoption

Definitions 26 In this Part, (a) “international adoption” means (

i) an adoption to which

Part 2, Division 6 of the Act applies by a person who is habitually resident in Alberta, or (ii) an adoption by a person wh o is habitually resident in Alberta of a child who is not a Canadian citizen and has not been lawfully admitted to Canada for permanent residence, other than an adoption referred to in subclause (i); (b) “relative” means (

i) a grandparent, (ii) an aunt or uncle, or (iii) a great-aunt or great-uncle. Guardianship orders 26.1 For greater certainty, this Part does not apply to a guardianship order obtained in another country and the director has no role with respect to an international guardianship order. AR 241/2020 s6 Application for international adoption 27(1) An application to proceed with an international adoption must be submitted to a director in Form 8.

(2) A director shall not accept an application to proceed with an international adoption involving a country that has been declared by the Minister as being unacceptable for the purposes of international adoption unless (

a) the applicant is a relative of the child to be adopted, and (

b) the director is satisfied that an application under the Immigration and Refugee Protection Act (Canada) for the child’s entry into Canada will be considered.

(3) Where the director accepts an application, the director must

Section 28 AR 187/2004 ADOPTION REGULATION 19 (

a) advise the applicant of the requirements of international adoption, and (

b) provide the applicant with an authorization to obtain a home study report from an agency. AR 187/2004 s27;251/2009 Dealing with application 28(1) An applicant must submit a completed home study report in Form 9 to a director for approval.

(2) On receiving a completed home study report, the director may (

a) approve the home study report, if the director is satisfie d that (

i) the home study report was completed no more than 6 months preceding its submission to the director, (ii) the applicant meets the eligibility requirements for adoption in the child’s country of origin, (iii) the applicant is eligible and suited to adopt, and (iv) the applicant has received training satisfactory to the director on preparation for international adoption, (

b) request additional information (

i) from the applicant, or (ii) from any source concerning the eligibility requirements for adoption in the child’s country of origin, o r (

c) refuse to approve the home study report.

(3) An applicant shall submit an update report in Form 4 to a director every 12 months after approval of the report under subsection (1) until the applicant receives an adoption placement. (4) Subsection (2)(

b) applies to an update report submitted under subsection (3).

(5) An update report submitted under subsection (3) must be attached to and forms part of the home study report.

(6) A decision of the director to refuse to approve a home study report or an addendum to a home study report prepared in

Section 29 AR 187/2004 ADOPTION REGULATION 20 accordance with

section 29(2) may be appealed to an Appeal Panel by serving a notice of appeal as prescribed in the Child, Youth and Family Enhancement Regulation.

(6.1) An Appeal Panel may, after hearing an appeal under subsection (6), (

a) confirm the dir ector’s decision, or (

b) refer the matter back for r econsideration by the director.

(7) An applicant shall not proceed with an international adoption until a director has, in accordance with this section, approved the applicant’s home study report and any addendum to the home study report required under

section 29(2). AR 187/2004 s28;251/2009 Notification of changes 29(1) An applicant must forthwith inform a director of any significant changes during the international adoption process that might affect eligibility or suitability to adopt including, without limitation, pregnancy, birth of a child, adoption of a child, absence from Alberta, poor health, changes in financial circumstances and changes in marital or adult interdependent relationships.

(2) A director may require an addendum to a home study report, in Form 10, where the director has reason to believe that there has been a significant change in circumstances such that the applicant’s eligibility or suitability to adopt might be affected.

(3) Upon receiving a completed addendum to a home study report, the director may (

a) approve the addendum to the home study report, (

b) request additional information (

i) from the applicant, or (ii) from any source concerning the eligibility requirements for adoption in the child’s country of origin, or (

c) refuse to approve the addendum to the home study report.

(4) Any addendum to a home study report prepared in accordance with subsection (2) must be attached to and forms part of the home study report. AR 187/2004 s29;251/2009

Section 30 AR 187/2004 ADOPTION REGULATION 21 Approval of adoption placement 30(1) Where an international adoption, other than an international adoption to which

Part 2, Division 6 of the Act applies, involves a child whose country of origin requires the director’s approval of an adoption placement, the director may, subject to subsection (2), approve the adoption placement of the child with the applicant if (

a) the applicant has agreed to the adoption placement, (

b) a home study report in Form 9 has been approved by the director and has been updated, where applicable, in accordance with

section 28(3), (

c) any addendum to a home study report prepared in accordance with

section 29(2) has been approved by the director, and (

d) the director and the responsible authority in the child’s country of origin have agreed that the adoption may proceed.

(2) The director may not approve an adoption placement of more than one child with an applicant in a 12-month period unless (

a) the children to be placed w ith the applicant are siblings, or (

b) the director is satisfied that there are exceptional circumstances supporting the placement of more than one child with the applicant.

(3) Financial considerations related to the cost or timing of the application do not qualify as exceptional circumstances for the purposes of subsection (2)(b).

(4) A decision of the director to refuse to approve an adoption placement under this

section may be appealed to an Appeal Panel by serving a notice of appeal as prescribed in the Child, Youth and Family Enhancement Regulation.

(5) An Appeal Panel may, after hearing an appeal under subsection (4), (

a) confirm the dir ector’s decision, or (

b) refer the matter back for r econsideration by the director. AR 187/2004 s30;251/2009 Adoption where no approval required 31 Where an international adoption, other than an international adoption to which

Part 2, Division 6 of the Act applies, involves a

Section 32 AR 187/2004 ADOPTION REGULATION 22 child whose country of origin does not require the director’s approval of an adoption placement, the applicant shall (

a) obtain an adoption order in the child’s country of origin, and (

b) provide a copy of the original adoption order, and a translated copy of the adoption order, to the director. Designation of competent authority 32 A director is designated as a competent authority for Alberta with respect to

Part 2, Division 6 of the Act.

Part 3 General Provisions 33 Repealed AR 117/2008 s4.

Part 4 Repeals, Expiry and Coming into Force Repeal 34 The following regulations are repealed: (

a) t h e Adoption Regulation (AR 37/2002); (

b) t h e Intercountry Adoption Regulation (AR 204/97). 35 Repealed AR 222/2025 s2. Coming into force 36 This Regulation comes into force on the date that sections 63 to 82 of the Child Welfare Amendment Act, 2003 come into force.

Schedule Form 1 Application for a Licence or to Renew a Licence to Operate an Adoption Agency 1 Regarding the application of (co rporate name of applicant) I am (name) . I am authorized to represent the applicant.

Form 2 AR 187/2004 ADOPTION REGULATION 23 2 Application I am applying (check one of the following): __ for a licence to operate a licensed adoption agency. __ to renew a licence to opera te a licensed adoption agency. I have attached all the suppo rting documents required by

section 3 of the Adoption Regulation. I have enclosed the non-ref undable application fee of __ $200 for an initial licence. __ $100 to renew a licence. 3 Information about Applicant 1 Information about the applying corporate body: Registered office address: (telephone number) 2 Information about the agency, if different from the corporate body: (name) (address) (telephone number) 3 (Program Director) 4 Signatures (authorized officer’s signature) (date) Corporate Seal (authorized officer’s signature) (date) Form 2 Notice of Decision: Licensing of Adoption Agency 1 To: (name of applicant or licensee) Address: (address) 2 Licensing Pursuant to

section 88 or 89 of the Child, Youth and Family Enhancement Act, I give notice of my decision to: __ refuse to issue a licence to operate an adoption agency:

Form 4 AR 187/2004 ADOPTION REGULATION 24 __ refuse to renew your licence to operate an adoption agency: __ issue a conditional licence to operate an adoption agency subject to the following terms and conditions: __ suspend your licence to o perate an adoption agency until such time as the following terms and conditions are met: __ cancel your licence to ope rate an adoption agency. The reasons for my decision are as follows: You may appeal any decisi on noted on this form in accordance with

section 120 of the Child, Youth and Family Enhancement Act. This decision takes e ffect 30 days after the date of service of this notice. 3 Signature of director (director’s signature) (date) Form 3 Repealed AR 251/2009 s16. Form 4 Home Study Report Update 1 Name of applicant(s): Address: Telephone: Business (appl icant #1) Business (applicant #2) 2 Change in Circumstances Describe under the following h eadings the circumstances of any changes that have occurred since the completion of the home study report: Part A Yes No Changes Health Education Sources of income Employment Residence Religion

Form 5 AR 187/2004 ADOPTION REGULATION 25 Part B Yes No Changes Marital or adult interdependent relationships Family composition Understanding of adoption issues Child desired Any other significant changes (including any involvement with child intervention systems or criminal legal systems for all persons aged 12 years and over living in the home)

Part C Yes No Changes References 3 Signatures (Signature of applicant) (date) (Signature of applicant) (date) Form 5 Family and Medical History 1

Section 1: Child’s Information A Name of child: (birthdate) ( gender) Birthplace and time of birth, if known: Religion: Has child been confirmed in child’s faith: yes no unknown If yes, give details: Racial Origin: Ethnic Origin: If registered First Nation Individual, (registration number) Band: (name) Band: (number) If Metis: (Metis settle ment name or community) Physical description of child: Diagnosed birth or congenital health problems of child:

Form 5 AR 187/2004 ADOPTION REGULATION 26 B Background (if newborn do not complete) ● Provide any information regarding where the child has lived, who parented the child, etc. ● Describe relationship with family or other significant persons. C Development (if newborn do not complete) ● Discuss academic achievement and social adjustment to school. ● Describe any interests, hobbies or participation in sports. ● Provide copies of any psychological or psychiatric assessments which have been completed. ● Provide any known information regarding the child’s emotional, social, developmental or cognitive functioning.

D Personality (if newborn do not complete) ● Discuss child’s personality and behaviour. 2

Section 2: Birth Mother’s Information Name and address of mother: (birthdate) Birthplace: Religion: Racial Origin: Ethnic Origin: If registered First Nation Individual, (registration number) Band: (name) Band: (number) If Metis: (Metis settle ment name or community) Marital or adult interdependent relationship status: Physical description: (height ) (weight) (colour of eyes) (colour of hair) Any unique features: Education: Employment: Interests: Personality: Relationship with family: Other children born to birth mother: (name) (birthdate) (gender) (name) (birthdate) (gender)

Form 5 AR 187/2004 ADOPTION REGULATION 27 Who is caring for these children: Birth mother’s parents, brothers and sisters (name) (address) (birthdate) (g ender) (name) (address) (birthdate) (g ender) ● Describe any special talents, skills, traits within the family. Additional comments of birth mother: (signature of birth mother) 3

Section 3: Birth Mother’s Medical Information ● Describe the mother’s g eneral state of health. ● Describe physical, menta l, emotional or medical conditions and treatment obtained for those conditions. ● Describe extent of use of a ny drugs, alcohol or tobacco (including prenatal use). ● Describe prenatal car e received by mother. ● Describe any significant physical, mental, emotional or medical conditions within the extended family and any treatment obtained. 4

Section 4: Birth Father’s Information Name and address of father: (birthdate) Birthplace: Religion: Racial Origin: Ethnic Origin: If registered First Nation Individual, (registration number) Band: (name) Band: (number) If Metis: (Metis settle ment name or community) Marital or adult interdependent relationship status: Physical description: (height ) (weight) (colour of eyes) (colour of hair) Any unique features: Education: Employment: Interests: Personality: Relationship with family: Other biological children of birth father:

Form 5 AR 187/2004 ADOPTION REGULATION 28 (name) (birthdate) (gender) (name) (birthdate) (gender) Who is caring for these children: Birth father’s parents, brothers and sisters (name) (address) (birthdate) (g ender) (name) (address) (birthdate) (g ender) ● Describe any special talents, skills, traits within the family. Additional comments of birth father: (signature of birth father) 5

Section 5: Birth Fathe r’s Medical Information ● Describe the father’s g eneral state of health. ● Describe physical, menta l, emotional or medical conditions and treatment obtained for those conditions. ● Describe extent of use of a ny drugs, alcohol or tobacco. ● Describe any significant physical, mental, emotional or medical conditions within the extended family and any treatment obtained. 6

Section 6: Adoption Information ● Describe the relationship between the birth parents. ● Describe the circumstances surrounding the decision to choose adoption. ● Is a letter, picture or gift being left for the child? ● Have the birth parents been given background information about the adoptive family? ● Have the birth pa rents prepared a contact preference? (if yes, attach contact preference) Is the birth father aware tha t the child has been placed for adoption? ___ yes ___ no Additional comments of person preparing history: (prepared by) (date) (reviewed by) (date )

Form 6 AR 187/2004 ADOPTION REGULATION 29 Form 6 Medical Report 1 Regarding the child (name) , born (date) Personal Health Number . 2 Referral Date: (date) To: (physician’s name) F rom: (caseworker) (worksite) (address) (phone) 3 Information from Mos t Recent Care Giver Feeding __ seems normal for age __ I am concerned about Sleeping __ seems normal for age __ I am concerned about Elimination __ seems normal for age __ I am concerned about Development __ seems normal for age __ I am concerned about Temperament __ seems normal for age __ I am concerned about I also have concerns about: (e.g. developmental delays, abuse, behaviour) 4 Information from Children and Family Services Child’s medical history: Prenatal: Mother’s health, nutrition, use of alcohol, tobacco, other substances; Birth: Describe delivery and child’s birth health, including vital stats and

Form 6 AR 187/2004 ADOPTION REGULATION 30 apgars, chronic illness, hospitalization, abuse: Immunizations: Up to date Not up to date Name of public health centre: Allergies: Medications or Supplements: I also have concerns about: 5 To be completed by a registered physician 5A Laboratory Findings (complete as necessary) Test Date Results Blood type HB Urinalysis Urine C/S TB test Newborn metabolic screening Other 5B Physical Examination (c omplete as applicable) Head circumference %tile Height %tile Weight %tile Blood pressure %tile Normal Abnormal N/A Ant Fontanel Head (shape/size) Ears Eyes Oropharynx Teeth Lymph nodes Skin Nutrition/Iron Endocrine Respiratory Heart Abdomen Umbilicus

Form 7 AR 187/2004 ADOPTION REGULATION 31 Femoral pulses Hernias Genitalia Nervous system Upper limbs Lower limbs Hips Vision Hearing Concerns

Summary 5C Assessment

Summary Healthy child; no concerns Diagnosis Prognosis Care plan and/or recommendations: (describe follow-up plan) 6 Examining Physician (name) (area of practice) (address) (phone) (date) (physician’s signature) Form 7 Post-placement Assessment 1 Name of applicant Name of child (birth date) 2 Assessment Information I, (na me) , (position) a qualified person under the Child, Youth and Family Enhancement Act, have assessed the adjustment of the applicant(

s) and the child to the placement of the child in the home of the applicant(

s) and report as follows: 1. Describe the child’s physical, mental and emotional level of development. 2. Describe the child’s contact with any health professionals and the child’s immunization program. 3. Describe the adjustment and bonding between the child, the applicant(

s) and other family members.

Form 8 AR 187/2004 ADOPTION REGULATION 32 4. Describe the home environment (including other people in the home, parenting abilities, quality of spousal relationship or adult interdependent relationship). 5. Describe any efforts that have been made to retain the child’s cultural identity. 6. Describe the applicant’s understanding of being an adoptive parent. 7. Provide comments by references regarding the adjustment of the child and the family to the adoption. 8.

Do you believe the completion of this adoption is in the child’s best interests? (completed by) (position) (date) (reviewed by) (position) (date) Form 8 International Adoption Application 1 Applicant Information (please print) Applicant: (surname) (given names) M F (telephone (residence)) (telephone (business)) (fax) (e-mail) Applicant: (surname) (given names) M F (telephone (residence)) (telephone (business)) (fax) (e-mail) Address in full: (apartment number) (street number) (city, province) (postal code) We are using a Co-ordinator to assist us with preparation of our adoption documentation.

Yes If yes, (Co-ordinator’s name/organizatio n) (Co-ordinator’s telephone number) No 2 To be completed and signed by Applicants ● We want to adopt one child or a sibling group from: (country) . ● We are related (grandparents, aunts, uncles, great-aunts/uncles) or not related to the child we wish to adopt. ● We understand that a director may not accept an application involving a country that has been declared

Form 8 AR 187/2004 ADOPTION REGULATION 33 as being unacceptable for the purposes of international adoption. ● We understand that a d irector will not support the adoption placement of more than one child within a 12-month period unless the children are siblings, or there are exceptional circumstances. ● We understand that a director must approve our completed home study report and any addendum to our home study report before we may proceed with our international adoption. ● We understand that we mu st complete training on preparation for international adoption before a director will approve our home study report. ● We understand that if a director refuses to approve our home study report or any addendum to our home study report, we may appeal that decision to an Appeal Panel. ● We will inform a director o f any significant changes to our lives during the international adoption process (pregnancy, birth of a child, adoption, absence from Alberta, poor health, financial or marital or adult interdependent relationship changes).

We understand that the adoption process may be placed “on hold” until the child’s country of origin confirms that we continue to be eligible for adoption. ● We understand that it is a dvisable to consult with a physician regarding the child’s health before accepting placement of the child. ● We understand that the Government of Alberta does not provide legal advice in the processing of our adoption. ● We understand that we are re sponsible for all costs of our adoption. (applicant’s signature) (applicant’s signature) (year/month/day) 3 Authorization Authorization is given to the Applicants to obtain a home study report from an Alberta Licensed Adoption Agency (List attached) for an international adoption of one child or a sibling group from: (child’s country of origin) (Adoption Services designate’s signature) (year/month/day)

Form 9 AR 187/2004 ADOPTION REGULATION 34 PLEASE NOTE: ● Home study reports and home study report updates remain in effect for one year. Home study reports and addendums to home study reports are valid only when they have been approved by a director. ● A director will provide instructions that need to be followed to process an adoption from a specific country. If the instructions of the director are not followed, the child may not be permitted to enter Canada. Form 9 Home Study Report To prepare the Home Study Report, provide information under each heading below.

Part 1: Applicants’ Information Provide information about each applicant Name on birth certificate Other names, if any Address, street, city, province, postal code Mailing address if different from above Telephone, (residence, business, cellular), e-mail Birthdate, (year, month and day), birthplace Marital or adult interdependent relationship status Racial Origin Ethnic Origin Registered First Nation Individual Band Name Metis Metis settlement name or community Health, as supported by medical Education Employment Religion Languages system Brief family histo ry (include parenting style, familial relationships, significant childhood experiences, views of extended family on this application) Involvement with legal and child intervention systems (include criminal record checks, including vulnerable sector searches, and intervention record checks within the last 6 months for applicants and everyone aged 18 years or over living in the home) Personality

Form 9 AR 187/2004 ADOPTION REGULATION 35

Part 2: Fam ily Dynamics Describe the following: Family composition Relationship dynamics Previous marriages or long-term relationships Communications patterns Autonomy of individual family members Ability to solve prob lems and handle crisis Emotional interactions Family traditions Philosophy on child rearing Modes of behaviour control Interests and hobbies Social support network What arrangements have been made for alternative guardians for the child (include names, ages, education, occupation and income. Complete for international adoption only.)

Part 3: Home and Community Describe the following: Physical space Safe environment assessment (include safe storage of medications and weapons, if any) Availability of resources Community involvement Contact with professional agencies

Part 4: Child Desired Is the home study for a specific child? If yes, describe relationship and involvement with child and birth family Age Male / Female Racial origin Sibling group Acceptable background characteristics Acceptable special needs Acceptability of bi rth family contact Acceptability of sibling contact Acceptability of an abandone d child with no background information Acceptability of a child who has lived in an institution Acceptability of lega l risk placements Compatibility of applican ts and child desired Does the assessor completing the home study agree with applicants’ choices?

Form 9 AR 187/2004 ADOPTION REGULATION 36

Part 5: Income Describe the following: The source and level of income and expenditures (include T 4 slips) The effect of a placemen t on family’s finances

Part 6: Understanding and Motivation for Adoption Describe the following: Applicants’ understanding of the legal, social, inter-racial and emotional aspects of adoption Applicants’ plans to promote child’s cultural/racial/relig ious heritage and identity Knowledge of the selected co untry (for international adoption only) Applicants’ motivation for selecting the country (for international adoption only)

Part 7: References References (3 references for each applicant, regarding suitability - including relationship to applicant, if any, on what basis judgment is made about applicant’s potential/actual parenting ability and

summary of results of interview(s))

Part 8: Overview of Home Study Process Date of personal visits (in clude amount of time spent at each interview and location of interview) Persons interviewed (includ e confirmation that each person living in the home was interviewed separately and as a family) Applicants’ training and activities in support of their application

Part 9:

Summary of Ou tcome of Home Study Report prepared by Position Date report prepared Report reviewed by Position Date report reviewed Report reviewed by app licants: signature and date

Part 10: Placement Supports Needed supports and services

Form 10 AR 187/2004 ADOPTION REGULATION 37 Arrangements for the pr ovision of the identified supports/services

Part 11: Recommendation/Approval of Assessor Assessor Recommendation Approved Not Approved (pro vide brief

summary) Approved by Director of Priv ate Licensed Adoption Agency (for agency and international adoptions)/Supervisor Approved by Director, Children and Family Services (for international adoptions only) Approved by Supervisor (for PGA/PGO adoptions) Opinion of the child in re spect of the application (if applicable) Opinion of the child’s bir th parents in respect of the application (if applicable) This home study report is not valid until it is approved, under seal by Children and Family Services (for international adoptions) Form 10 Addendum to Home Study Report

Part 1: Name Address, street, city, province, postal code Mailing address, if different from above Telephone (residence, business, cellular), e-mail

Part 2: Updated Information to the Home Study Report (complete only those sections where changes have occurred) Applicants Information Health Education Source and level of income and expenditures (include T4 slips) The effect of a pl acement on the adoptive family’s finances Family Dynamics Marital or adult interdependent relationship Family composition

Form 10 AR 187/2004 ADOPTION REGULATION 38 Arrangements for alternative guardian (international adoption only) Social support network Home and Community Residence Physical space __ Safe environment assessment (include safe storage of medications and weapons, if any) Availability of resources Community involvement Contact with professional agencies Child Desired Age Male or Female Racial origin Sibling group (yes/no) Acceptable background characteristics Acceptable special needs Acceptability of bi rth family contact Acceptability of sibling contact Acceptability of an a bandoned child with no background information Acceptability of a child who has lived in an institution Acceptability of a le gal risk placements Compatibility of appli cants and child desired Does the assessor completing the home study agree with applicants’ choices?

Involvement with Legal a nd Child Intervention Systems Applicants Other residents in the home age 12 and over

Part 3: Other Significant Ch anges and Their Impact on Adoption

Part 4: Updated Documents (international adoption only)

Part 5: Overview of Adde ndum to Home Study Process Date of personal visits Persons interviewed

Part 6:

Summary of Ou tcome of Home Study Addendum prepared by (position/date)

Form 10 AR 187/2004 ADOPTION REGULATION 39 Addendum reviewed by (position/date) Addendum reviewed by applicants (signature and date)

Part 7: Recommendation/Approval of Assessor Assessor Recommendation (Approved/Not Approved (provide brief

summary)) Approved by Director of Private Licensed Adoption Agency (for agency and international adoptions)/Supervisor Approved by Director, Children and Family Services (for international adoptions only) Approved by Supervisor (for PGA/PGO adoptions) Opinion of the child in respect of the application (if applicable) Opinion of the child’s birth parents in respect of the application (if applicable) This Addendum is not valid until it is approved, under seal by Children and Family Services (for international adoptions). AR 187/2004 Forms;68/2008;117/2008;251/2009;31/2012;33/2019; 98/2023

Printed on Recycled Paper *9780779857883*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 187/2004
Type	regulation
Volume / chapter	2004 187
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	35cd83c9524cad93705cad15843294d8c67ecdae

Source file is stored in the law ingest library (pdf).