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Private vs. public adoption: what's the difference?

Journey the Jack Russell terrier sitting attentively in a teal collar with a paw tag, looking curious and alert.

Adoption is one of the most meaningful legal processes a family can go through. It is also one of the least understood. When people start exploring adoption in BC, they often find two very different pathways: public adoption and private adoption. Both lead to the same destination, which is a legal parent-child relationship, but the roads look very different.

Here is a plain-language breakdown of what each path involves, who it is right for, and what to expect.

Public adoption in BC of BC kids

Public adoption is coordinated through the BC Ministry of Children and Family Development (MCFD). These are children who are already in the provincial child welfare system, typically because they could not safely remain with their biological families.

Who is available for public adoption?

Most children available through the public system are older children, sibling groups, or children with complex needs. Healthy infants placed through public adoption are rare. If your heart is set on a newborn through the public system, it is important to understand that wait times can be lengthy and availability is limited.

How the public adoption process works

  • You apply through the Ministry and complete a home study.

  • The Ministry matches you with a child whose needs fit your family profile.
  • A period of supervised visits and placement follows before the adoption is finalized.
  • The adoption is finalized in BC Supreme Court.


Costs

Public adoption through MCFD is generally low-cost or no-cost for approved families. Some post-adoption supports and subsidies may also be available, particularly for children with special needs.

Note: The Ministry's priority is always the best interests of the child. Families do not choose a specific child — the Ministry makes the match.

Private adoption in BC of BC born kids

Private adoption in BC happens outside the government system. It most often involves an infant whose birth parent or parents have chosen to make an adoption plan voluntarily. The process is coordinated through a licensed adoption agency or, in some cases, directly between families with the involvement of a lawyer.

How private adoption works

  • Birth parents choose to make an adoption plan, typically during pregnancy or shortly after birth.

  • A licensed BC adoption agency facilitates the match between the birth family and the adoptive family.
  • A home study is completed for the adoptive family.
  • Birth parents consent to the adoption after the child is born (consent cannot be given before birth in BC).
  • The adoption is finalized in BC Supreme Court.

Who private adoption is typically right for

Families who want to adopt a newborn or infant, and who want to be more actively involved in the matching process, often pursue private adoption. It can also be a path for families who have an existing connection with a birth parent.


Costs

Private adoption involves significant costs. Agency fees, legal fees, and related expenses can range from approximately $15,000 to $30,000 or more depending on the agency and the complexity of the placement. These costs vary considerably, and families should get detailed breakdowns from any agency they are considering.

Note: In BC, it is illegal to pay a birth parent to place a child for adoption. Legitimate costs are those tied to professional services, not payments to birth families.

Intercountry adoption: a third path for kids not born in BC

BC families sometimes ask us about international adoption as well. Intercountry adoption is possible but has become significantly more limited over the past decade. Canada is a signatory to the Hague Convention on intercountry adoption, which means any international adoption must meet strict standards in both the sending country and Canada. Many countries that previously allowed international adoption have closed their programs.

If you are exploring this option, we strongly recommend getting current legal advice before investing time or money, as program availability changes frequently.

Public vs. private for kids born in BC: a quick comparison

Private-vs-public-adoption-grid

The legal piece: what all adoptions have in common

Regardless of which path you take, all adoptions in BC must be finalized by an order from BC Supreme Court. Once the adoption order is granted, the adoptive parents are the child's legal parents in every sense. The child has the same rights as any biological child, including inheritance rights.

The biological parents' legal rights and responsibilities are fully extinguished at the time of the adoption order. This is permanent.

The bottom line: Both public and private adoption create a permanent, full legal parent-child relationship. The process to get there looks different, but the outcome is the same.

Open vs. closed adoption: another layer to consider

Separate from whether an adoption is public or private is the question of whether it will be open or closed. This refers to the degree of ongoing contact or information-sharing between the adoptive family and the birth family.

Open adoptions, where some level of contact is maintained, have become much more common. Research increasingly supports that openness, when managed well, can benefit children by giving them access to their identity and history. Closed adoptions, where no ongoing contact occurs, are less common today than they were decades ago.

In BC, any agreed-upon contact arrangements are set out in a Contact Agreement, which can be registered with the court.

What to expect from us at Pathway Legal

Adoption law in BC is detailed, and the process involves multiple steps, multiple parties, and significant paperwork. Our role is to make sure the legal side of the process is handled carefully and correctly, so you can stay focused on your family.

If you are exploring adoption and want to understand your options, we would be glad to walk you through it.

This article is for general informational purposes only and does not constitute legal advice. Family law is fact-specific and the law changes. Reading this does not create a lawyer-client relationship with Pathway Legal. For advice about your situation, consult a qualified BC family law lawyer.