Second Parent Adoption: Self-Help Legal Kit

Second Parent Adoption: Self-Help Legal Kit

Author: LGBTQ Parenting Network Source: Website: Journal: Journal Details: Origin Country: Publish Date: 2015 Publication City: Toronto Languages: .Type: , , .Topics: .Targets: , , , , . Last Modified: 2015-10-07


The detailed instructions in the Guide will help you complete the forms to file your own second parent adoption paperwork if your child was conceived with sperm from an unknown or known donor who will not be legally recognized as a parent.

The formal legal term is step-parent adoption but second parent adoption is the preferred term in our communities, and it is used here.

Second parent adoption is a very common family law procedure for all kinds of families. Many parents hire a lawyer to complete and file the forms on their behalf, while others file the paperwork themselves, and seek legal advice as required. This guide is very detailed and will take your through every step to file your own second parent adoption paperwork.

This kit is part of a series on LGBTQ parenting recognition. Before beginning to follow the instructions here, please read our info sheet “Second Parent Adoption in Ontario” to find out what second parent adoption is and how the legal process works.

Complete Kit

Every form you need to complete your own second parent adoption paperwork, accompanied by detailed instructions and a full set of completed sample forms.

Self-Help Legal Guide – available in .PDF

Worksheet – available in .DOCX

Completed Sample Application – available in .PDF

Blank Forms – available in .DOC

List of Forms

Forms are listed in numerical order here.  You will probably complete the forms and file them in a different order, and they are listed in a different order on the “Cumulative Table of Contents” which is part of the adoption package.

Continuing Record – cover page that helps the court identify your file, print on red paper.

Cumulative Table of Contents – a list of all the documents included within your application.

We have included two versions, one for children over age 7, one for those younger than age 7

Form 8D – Application – Adoption – adoption application itself.

Form 25C – Adoption Order – draft copy of the order the court will issue when your adoption is finalized.

Form 34 – Child’s Consent to Adoption – the child gives their consent to being adopted.

If your child is not yet 7 years old, you do not need this form.

Form 34A – Affidavit of Parentage – establishes the child’s parentage prior to adoption.

Form 34D – Affidavit of Adoption Applicant(s) – the parent who gave birth explains their reasons for the adoption.

Form 34F – Parent’s or Custodian’s Consent to Adoption – donor gives consent for the adoption and relinquishes any claim to parental rights.

If you conceived with sperm from an unknown donor, you do not need this form.

Form 34H – Affidavit of Adopting Relative or Stepparent – the parent who is not yet legally recognized explains their reason for adopting the child.

Form 34I – Parent’s Consent to Adoption by Spouse – the parent who is already legally recognized consents to their spouse’s adoption of their child.

Form 34K – Certificate of Clerk (Adoption) – this form is used by the court clerk to record which documents have been submitted and to make sure that all the required forms have been submitted.