137 (1) In this section, “parent”, when used in reference to a child, means each of the following persons, but does not include a licensee or a foster parent: 1. A parent of the child under section 6, 8, 9, 10, 11 or 13 of the Children’s Law Reform Act. 2. In the case of a child conceived through sexual intercourse, an individual described in one of paragraphs 1 to 5 of subsection 7 (2) of the Children’s Law Reform Act, unless it is proved on a balance of probabilities that the sperm used to conceive the child did not come from the individual. 3. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child. 4. In the case of an adopted child, a parent of the child as provided for under section 158 or 159. 5. An individual who has lawful custody of the child. 6. An individual who, during the 12 months before the child is placed for adoption under this Part, has demonstrated a settled intention to treat the child as a child of his or her family, or has acknowledged parentage of the child and provided for the child’s support. 7. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child. 8. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force. 2016, c. 23, s. 38 (11). Consent of parent, etc. (2) An order for the adoption of a child who is less than sixteen years of age, or is sixteen years of age or more but has not withdrawn from parental control, shall not be made without, (a) the written consent of every parent; or (b) where the child has been made a Crown ward under Part III (Child Protection), the written consent of a Director.  R.S.O. 1990, c. C.11, s. 137 (2). Idem (3) A consent under clause (2) (a) shall not be given before the child is seven days old.  R.S.O. 1990, c. C.11, s. 137 (3). Idem (4) Where a child is being placed for adoption by a society or licensee, a consent under clause (2) (a) shall not be given until, (a) the society or licensee has advised the parent of his or her right, (i) to withdraw the consent under subsection (8), and (ii) to be informed, on his or her request, whether an adoption order has been made in respect of the child; (a.1) the society or licensee has advised the parent of such other matters as may be prescribed; and (b) the society or licensee has given the parent an opportunity to seek counselling and independent legal advice with respect to the consent.  R.S.O. 1990, c. C.11, s. 137 (4); 2005, c. 25, s. 14. Custody of child (5) Where, (a) a child is being placed for adoption by a society or licensee; (b) every consent required under subsection (2) has been given and has not been withdrawn under subsection (8); and (c) the twenty-one day period referred to in subsection (8) has expired, the rights and responsibilities of the child’s parents with respect to the child’s custody, care and control are transferred to the society or licensee, until the consent is withdrawn under subsection 139 (1) (late withdrawal with leave of court) or an order is made for the child’s adoption under section 146.  R.S.O. 1990, c. C.11, s. 137 (5). Consent of person to be adopted (6) An order for the adoption of a person who is seven years of age or more shall not be made without the person’s written consent.  R.S.O. 1990, c. C.11, s. 137 (6). Idem (7) A consent under subsection (6) shall not be given until the person has had an opportunity to obtain counselling and independent legal advice with respect to the consent.  R.S.O. 1990, c. C.11, s. 137 (7). Withdrawal of consent (8) A person who gives a consent under subsection (2) or (6) may withdraw it in writing within twenty-one days after the consent is given and where that person had custody of the child immediately before giving the consent, the child shall be returned to him or her as soon as the consent is withdrawn.  R.S.O. 1990, c. C.11, s. 137 (8). Dispensing with person’s consent (9) The court may dispense with a person’s consent required under subsection (6) where the court is satisfied that, (a) obtaining the consent would cause the person emotional harm; or (b) the person is not able to consent because of a developmental disability.  R.S.O. 1990, c. C.11, s. 137 (9); 2001, c. 13, s. 5 (6). Consent of applicant’s spouse (10) An adoption order shall not be made on the application of a person who is a spouse without the written consent of the other spouse.  R.S.O. 1990, c. C.11, s. 137 (10). Consents by minors: role of Children’s Lawyer (11) Where a person who gives a consent under clause (2) (a) is less than eighteen years of age, the consent is not valid unless the Children’s Lawyer is satisfied that the consent is fully informed and reflects the person’s true wishes.  R.S.O. 1990, c. C.11, s. 137 (11); 1994, c. 27, s. 43 (2). Affidavits of execution (12) An affidavit of execution in the prescribed form shall be attached to a consent and a withdrawal of a consent under this section.  R.S.O. 1990, c. C.11, s. 137 (12). Form of foreign consents (13) A consent required under this section that is given outside Ontario and whose form does not comply with the requirements of subsection (12) and the regulations is not invalid for that reason alone, if its form complies with the laws of the jurisdiction where it is given.  R.S.O. 1990, c. C.11, s. 137 (13). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 43 (2) - 03/04/1995 2001, c. 13, s. 5 (6) - 30/11/2001 2005, c. 25, s. 14 - 24/04/2006 2016, c. 23, s. 38 (11)
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