Make an openness agreement

Whether you have access or not, you can have contact with your child by making an openness agreement. This is an out of court agreement that is made between a child's adoptive parents and a birth parent, relative, or other person. It says how you agree to keep in contact in the future.

CAS doesn't need to be a party to this agreement, but they might help you all to agree on one. For example, they might talk to the child's adoptive parents about what type of contact they will agree to.

An openness agreement helps to show exactly what everyone agreed on.

You can make an openness agreement at any time — before or after the adoption takes place.

Openness agreements are made out of court. This means the court may not order someone to follow the agreement if they change their mind.

Sometimes, CAS can help get people to follow an openness agreement. If you want to go to court, you should talk to a lawyer about your options.

The child’s views

A child doesn't need to sign or agree to an openness agreement.

But the adoptive parent and the other person having contact with the child must take into account the child's views, if the child can say how they feel about contact or communication. This gets more important as a child gets older and more mature.

First Nations, Inuk, 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.