You may want to adopt your step-child so she or he can be a beneficiary of your estate or to recognize the close parent/child relationship that you have. The main requirement is that while your step-child was under the age of 19, that he or she lived with you as a member of your family and was maintained by you until he or she became self-supporting or an adult. This requirement is set out in section 44 of the Adoption Act. Of course, your step-child must consent to the adoption, and do so in writing. The BC Supreme Court requires that the birth parents of the step-child be notified of the adoption, so that they can object or consent to the adoption.
If you are married to your step-child’s birth parent – and thus through that marriage became a step-parent, you will likely want to adopt under section 29(2) of the Adoption Act so that your spouse’s parental rights and responsibilities are preserved and you become a parent jointly with your spouse. If you became a step-parent through a common-law relationship, or your marriage or common-law relationship has now ended, you can still adopt your adult step-child if he or she consents.
Adoption of an adult requires a consideration of your existing Will, or the making a new Will. The effect of an adoption order would be to make you a “parent” and your step-child your “child” for legal purposes – including Wills, other estate matters, Powers of Attorney, and health care decision making. The adopting step-parent, the birth parents and the adult child to be adopted must get legal advice on the meaning and effect of an adoption order, including the effects on inheritance, before signing consents to an adoption.
Please be advised: The adoption of adults is not a means to dodge Canadian immigration policies. Trying to adopt an adult on false pretences is a breach of Canadian law and may hinder an immigration application.
Disclaimer: The above information is given as information only and is not given as legal advice. Do not rely on this information as advice for your specific circumstances. Talk to a lawyer who specializes in family law about the specific facts of your circumstances to get advice on how the law applies to you.