Support CAS’ application for an openness order if there’s no access

If you don't have access to your child, the Children's Aid Society (CAS) doesn't have to tell you that they intend to place your child for adoption. But CAS must consider an openness agreement or openness order when they plan to place a child for public adoption. They must do this even if there is no access order for the child.

You should tell CAS if you want to communicate or have contact with your child after they are placed in extended society care. And make sure CAS has your current contact information.

You might also want to regularly tell your CAS worker about your situation, especially if you're working on things they were worried about. For example, if you've completed treatment for a drug problem. You want to show CAS that you're responsible and it would be in your child's best interests to have contact with you after they're adopted. You can also ask your CAS worker if there's anything that you can do to show them why the adoption should be open.

CAS might agree that a child with no access should have an open adoption. But they don't have to.

If CAS agrees, they can apply to the court for an openness order. But only CAS has the right to do this.

If you get an openness order, the contact or communication in the openness order will probably not be as much as if you had access. For example, CAS might only ask for the adoptive parent to share information with you. They may not ask for you to spend time with your child.

If CAS applies for an openness order, they must give notice to:

• the child
• every person who will have contact with the child if the openness order is made
• any person with whom CAS plans to place or has placed the child for adoption

The child gets the CAS application through the Office of the Children's Lawyer and, if they have one, their private lawyer. If the child is 12 years or older they also get the application directly.

How the court decides

Before a court makes an openness order, all of the following have to agree to it:

• the child, if they are 12 or older
• the person who gets contact with the child if the openness order is made
• the person who CAS plans to place the child with or has already placed the child with for adoption
• CAS

If they agree, the court makes an order only if:

• It's in the best interests of the child. The court must consider many things when deciding this, including the child's views.
• It allows the child to continue to have a relationship with a person that is beneficial and meaningful for the child.

First Nations, Inuit, or Métis children

There are special rules for First Nations, Inuit, or Métis children. See the Step called Apply for an openness order for a child who is First Nations, Inuk, or Métis.