Summary of Issue: Child Of Spouse

Decision 71739 Full Text of Decision 71739

The claimant applied for parental benefits on July 9, 2007. She advised that her husband's daughter was placed in her home as a result of a court order whereby her husband was awarded custody of his daughter. The Commission determined that the claimant was not eligible for parental benefits as she was not mentioned in the custody order and the placement was not for the purpose of adoption pursuant to subsection 23(2) of the EIA. The claimant could therefore not be considered a person in whose care a child had been placed for the purpose of adoption. The claimant had confirmed that she was not pursuing adopting her husband's daughter but intended on obtaining guardianship of the child. In the present case, the claimant's husband had been awarded custody of his daughter. The child's mother had visiting rights. The claimant had stated that her intention was not to adopt the child. This situation could not be considered a placement for the purpose of adoption under the laws of the province. The appeal is dismissed.

Decision 10285B Full Text of Decision 10285B

On 4-3-83, claimant married the mother of child and all 3 started to live together. On 28-5-84 he became the adoptive father. Commission argues that adoption of a spouse's child not covered by s.20. No support for such proposition. Ontario legislation examined.