Birth Rights

Rights of expectant parents

Legislation

Birth Registration

Rights of Expectant Parents

In Saskatchewan, birth mothers and birth fathers have equal rights with respect to voluntarily making an adoption plan for a child.

Related Resources

As an expectant birth parent considering your options, you have:

The right to make decisions without being influenced by other people.

The right to seek legal counsel regarding any decision you make.

The right to confidentiality, including the right to not have family members or any other individuals notified of the pregnancy or the plan being discussed or made.

The ability to parent with supports, such as supports from family or through programs such as Income Security.

The ability to place a child into temporary care of Child and Family Services while making a decision.

The right to participate in the selection of adoptive parents and express what they hope for in an adoptive family.

The right to express what type of communication with the child and open adoption arrangement you would like to have after the adoption occurs (keeping in mind that adoption includes the loss of parental rights and that communication agreements with the adoptive family are created in good faith and are not legally enforceable).

The right to change your mind about an adoption plan (called a “revocation”) up to 21 days after you give consent, even if the child is already placed with the adoptive family.

Related Resources

Legislation

According to Saskatchewan legislation, both birth parents must sign the adoption consent form. There are no exceptions. 

The Child and Family Services Act states: “If a form for voluntary committal has been signed by only one parent, an application may be made to the court at any time after the child is three days old for an order dispensing with the requirement that the other parent sign the voluntary committal.”

An adoption cannot take place, or an application for adoption cannot be made, unless a court makes an order to dispense with the other birth parent’s consent. With the assistance of a lawyer, the birth parent who wishes to pursue an adoption plan must apply to court for an order dispensing with the other birth parent’s consent. If an order to dispense is made, the parent may appeal the decision within 30 days. Please view the Government of SK Adoption Legal Requirements Guide for further reading.

Birth Registration

By law, every child born in Saskatchewan must be registered with eHealth Saskatchewan within 15 days of their birth. Registration is needed to create a permanent record of a person’s birth and to order a Birth Certificate. Learn more about birth registration.