Adoption / Guardianship
Mather & Company guides families through the process with care and clarity.
Adoption and Guardianship Services
When it comes to growing or protecting your family, few things are more important than legal clarity. Whether you’re welcoming a child through adoption or stepping in as a guardian, it’s a big responsibility—and a big deal. At Mather & Company, we’re here to help make the legal side of it as smooth and supportive as possible.
We work with families across Courtenay, Comox, Cumberland, and the Comox Valley to handle both adoption and guardianship cases. Whether you’re a relative, a foster parent, a stepparent, or someone stepping up to care for a child in need, our job is to help guide you through the legal steps and make sure your rights—and the child’s best interests—are fully protected.
What Is Adoption?
Adoption is the legal process of becoming a child’s parent when you are not their birth parent. Once the adoption is finalized, the adoptive parent has the same legal rights and responsibilities as a biological parent. That means full legal custody, decision-making power, the right to inherit, and a lifelong family relationship.
Some common types of adoption include:
- Stepparent Adoption: When a stepparent wants to adopt their partner’s child.
- Relative Adoption: When a grandparent, aunt, uncle, or other family member adopts a child.
- Agency or Government Adoption: When the child is adopted through a licensed adoption agency or the Ministry of Children and Family Development (MCFD).
- Private Adoption: When the adoption is arranged directly between the birth parents and the adoptive parents.
No matter the path, adoption always centers around one key question: What’s best for the child?
Why Legal Help Matters in Adoption
Adoption may sound simple, but it comes with a lot of paperwork and legal steps and having a lawyer experienced in family law can make all the difference. The process can include background checks, getting the views of the child, home studies, legal notices, and court applications. You’ll need to prove to the court that adoption is in the child’s best interest and that all legal requirements are met.
At Mather & Company, we help you every step of the way. We’ll make sure the forms are done right, represent you in court if necessary, and explain what to expect at each stage. Most importantly, we’ll support you in creating a stable and legal foundation for your new family.
What Is Guardianship?
Guardianship is a bit different from adoption. When someone becomes a legal guardian of a child, they take on many parental responsibilities, but it doesn’t end the legal relationship between the child and their birth parents.
In British Columbia, a child can have more than one guardian. For example, if one parent passes away, a grandparent or family friend might apply to become a guardian alongside the surviving parent. Guardianship can be temporary or permanent, depending on the situation.
Who Can Become a Guardian?
In general, anyone who is willing and able to take care of a child can apply to become a guardian. This includes:
- Grandparents
- Other relatives
- Family friends
- Foster parents
- Step-parents
You’ll need to show the court that becoming a guardian is in the child’s best interests and that you can provide a safe, stable home.
What Does a Guardian Do?
A guardian is responsible for making important decisions about a child’s life, including:
- Where they live
- Where they go to school
- What kind of medical care they get
- Their religious and cultural upbringing
It’s a big responsibility, but also a deeply rewarding one. Being there for a child and helping them grow up safe and supported is one of the most meaningful things a person can do.
How Is Guardianship Different from Adoption?
Here’s a quick breakdown of the main differences:
| Adoption | Guardianship |
|---|---|
| Legally ends birth parent rights | Birth parents may still have legal rights |
| Child becomes your legal child | You have legal responsibilities, not full parent status |
| Usually permanent | Can be temporary or permanent |
| You can make all decisions for the child | You may need to share decision-making |
We’ll help you understand the legal options that work best for your situation and guide you toward the right choice for your family.
Common Reasons People Seek Guardianship
Guardianship is often used in situations like:
- A parent passes away and someone else needs to step in
- Parents are dealing with health, addiction, or other serious issues
- A child is already living with a grandparent or relative
- The child’s safety is at risk in their current home
If you’re already caring for a child but don’t have legal status, applying for guardianship can give you the authority you need to make decisions and protect them properly.
Stepparent Adoption: A Common Choice
One of the most common types of adoption we help with is stepparent adoption. When someone marries or lives with a partner who already has a child, they often want to formalize the bond and become that child’s legal parent.
This type of adoption can be straightforward—but only if both birth parents agree. If one parent refuses, or if their whereabouts are unknown, the process gets more complicated. That’s where our legal support can really help.
We’ll work to protect your relationship with the child, navigate any legal objections, and make sure everything is done by the book.
How Mather & Company Can Help
Adoption and guardianship cases require care, attention, and an understanding of what families really need. At Mather & Company, we bring both compassion and experience to the table.
Here’s what we offer:
- Clear Guidance: We’ll explain everything in plain language and keep things as simple as possible.
- Full Legal Support: From applications to court appearances, we’ve got your back.
- Local Experience: We’ve helped families in Courtenay, Comox, Cumberland, and throughout the Comox Valley.
- Personal Touch: Every case is unique. We listen, understand, and tailor our advice to your family’s situation.
Our goal is to make sure the legal part doesn’t stand in the way of what matters most—your family’s future.
What to Expect in the Process
Adoption Process:
- Decide what type of adoption is right for your situation.
- Complete background checks and a home study (if required).
- File a petition with the court.
- Give legal notice to the birth parents (unless already terminated).
- May involve attending a court hearing to finalize the adoption.
- Receive an adoption order—congrats!
Guardianship Process:
- File an application to become a guardian.
- Notify the child’s parents and other guardians.
- Provide background information and reasons for your request.
- Attend a court hearing to present your case.
- If approved, receive a court order naming you as a guardian.
Don’t worry—we walk you through all of it. You’re not doing this alone.
It’s All About the Child
At the end of the day, both adoption and guardianship are about one thing: the best interests of the child. Courts take that seriously, and so do we.
If you’re considering adoption or guardianship, you’re already making a strong choice to step up and provide love and support. That deserves expert legal support to match.
Let’s work together to make it official.
Get in Touch Today
If you have questions about adoption or guardianship, or if you’re ready to begin the process, we’re here to help.
Give us a call or send us a message. Let’s chat about your situation and how we can support your next steps.