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Chapter 5: Adoption and Surrogacy Law


Additional Recommended Readings


Annas, G. J. (2011). Assisted reproduction: Canada’s Supreme Court and the “global baby.” The New England Journal of Medicine, 365(5), 459–463. http://www.nejm.org/doi/full/10.1056/NEJMhle1101361

This article considers assisted reproductive technologies and practices in the context of globalization, and the difficulty of effectively and appropriately regulating such practices. The author argues for federal regulation, citing Canada’s Assisted Human Reproduction Act as an effective model.


Baden, A. L., J. L. Gibbons, S.L. Wilson, and H. McGinnis (2013). International adoption: Counseling and the adoption triad. Adoption Quarterly, 16(3–4), 218–237. http://www.tandfonline.com/doi/abs/10.1080/10926755.2013.794440#.VgwHuexViko

This critical literature review exposes the lack of data on the clinical needs of birth and adoptive parents, as well as the early childhood vulnerability and adolescent identity challenges of adoptees. The authors explore the relevance of cultural traditions, racial disparity, and therapeutic support over the lifespan of adopting families.


Campbell, A. (2011). Law’s suppositions about surrogacy against the backdrop of social science. Ottawa Law Review, 29. https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=43+Ottawa+L.+Rev.+29&srctype=smi&srcid=3B15&key=c1adaab62ced004ea90f680250865efb

This article argues that legislative and political approaches to the issue of surrogate motherhood in Canada often rely on unfounded assumptions about the private thoughts and motivations of women. The authors challenge the implicit assumption in dominant discourse that surrogate mothers are mainly financially motivated, vulnerable to coercion, and easy to manipulate. They present empirical research that supports an alternative conceptualization of the goals and experiences of surrogate mothers as heterogeneous and complex.


McKay, K., & Ross, L. E. (2011). Current practices and barriers to the provision of post-placement support: A pilot study from Toronto, Ontario, Canada. British Journal of Social Work, 41(1), 57–73. http://bjsw.oxfordjournals.org/content/41/1/57

For this pilot study of post-placement adoption support, the researchers recruited caseworkers from two public adoption agencies in Toronto, Ontario, Canada to discuss the post-adoption support that they do provide, as well as the barriers they face in providing this support. Participating workers identified systemic barriers, as well as barriers external to the adoption system. The authors recommend further research on this topic in order to develop strategies for overcoming such barriers.


Relevant Legislation


Federal: http://laws.justice.gc.ca/en


Alberta: www.qp.alberta.ca/laws_online.cfm


British Columbia: www.bclaws.ca


Manitoba: web2.gov.mb.ca/laws/index.php


New Brunswick: www2.gnb.ca/content/gnb/en/departments/attorney_general/acts_regulations.html


Newfoundland and Labrador: www.assembly.nl.ca/Legislation


Nova Scotia: nslegislature.ca/legc/

  • Adoption Information Act, S.N.S. 1996, c. 3
  • Change of Name Act, N.S. 1989, c. 66
  • Child and Family Services Act, N.S. 1996, c. 10
  • Guardianship Act, N.S. 2002, c. 30
  • Intercountry Adoption Act, N.S. 1998, c. 29

Ontario: www.assembly.nl.ca/Legislation


Prince Edward Island: www.gov.pe.ca/law/statutes


Quebec: www3.publicationsduquebec.gouv.qc.ca/loisreglements.en.html


Saskatchewan: www.qp.gov.sk.ca


Northwest Territories: www.justice.gov.nt.ca/legislation/search


Yukon Territory: www.gov.yk.ca/legislation/


Discussion Questions


  1. Under what circumstances can a child be adopted without parental consent? What are the risks and benefits of dispensing with parental consent?
  2. What is the rationale for not requiring home studies in cases of familial adoption? Does this seem reasonable?
  3. What are the strengths and limitations of open adoptions?
  4. What might be the long- and short-term consequences of full adoption disclosure policies?
  5. What opportunities and challenges are presented by custom adoptions?
  6. Should additional publically-funded services be offered for international adoptions and if so what types of services should be available?