ACAS Settlement Program - FAQ
Please note: The answers listed here are for informational and reference purposes only, and is not intended as legal advice. Please consult your local Legal Aid Ontario community legal clinic, the HIV & AIDS Legal Clinic (Ontario), or a lawyer practicing the relevant area for legal assistance or representation.
Family and Wills/Estates
3a1. I would like to get married. Where can I find out more information about it?
A: The solemnization of marriage is a provincial matter so it varies depending on where you wish to get married. The Ontario government has a web site with all the information related to getting married inside or outside of the province, with a guide on all the steps you need to take to get married:
http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=004444
3a2. Are same-sex couples permitted to adopt children?
A: Adoption by same-sex couple is legal in most parts of Canada, including Ontario, Quebec, British Columbia and a few other provinces and territories. It is illegal in New Brunswick and Prince Edward Island.
3a3. I am queer and single. Can I adopt children? Do I need to tell that I am queer?
A: It is possible for single LGBT to adopt children. But each province and territory has its own adoption legislations. You may not need to tell your sexual orientation but related issues may come up during “homestudy”, when you will be interviewed and visited regularly (before and after adoption) to assess your reason of wanting to adopt, ability in parenting, family life, relationships, education, employment, health and so on. It is legal not to tell but illegal to lie. It is advised to be honest about your sexual orientation. More information at Adoption Council of Canada and Children’s Aid Society.
Adoption Council of Canada: http://www.adoption.ca
Ministry of Youth and Children Services: http://www.gov.on.ca/children/english/programs/child/adoption/index.html
Ontario government’s web site on adoption: http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=012213
3a4. How can I find out more information about making a Power of Attorney for property and/or personal care matters?
A: The Ministry of Attorney General provides a guide and forms to create your own Power of Attorney: http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/poa.asp
You may also consult your local community legal clinic or the HIV & AIDS Legal Clinic (Ontario) for assistance or referral.
3a5. Should I consider making a will?
A: Yes, it is beneficial to you and those you leave behind to have a will that indicates how you would like to have your property and affairs handled, even if you do not believe you have significant assets or money in your possession.
Please contact your local community legal clinic for assistance or referral, or the Lawyer Referral Service (LRS) at 1-900-565-4577 ($6.00 for 30 mins) to get a list of lawyers who can give a free consultation.
If you are a low-income person with HIV/AIDS and limited assets, please contact the HIV & AIDS Legal Clinic (Ontario) for a possible referral.
