by Glen Korstrom
Northern News Services

NNSL (May 01/98) - The screening process for parents is the most recent source of controversy over proposed changes to the NWT Adoption Act.

The latest complaint about the proposed legislation comes from the Canadian Bar Association.

Screening now takes place within about five to six months after children are placed in homes, according to Yellowknife lawyer Lucy Austin.

But once the proposed Adoption Act becomes law, screening must be done prior to the child being placed in a home.

Adoption workers typically would screen prospective parents before the child is born, but that may not always be possible.

"What happens if the mother decides late in her pregnancy to give the child up?" Austin asked, raising the spectre of a child being placed in a temporary home before final placement.

"We're concerned about the child placed in a third home -- not only with the mother or with the adoptive parents, but in another placement."

Austin said the most important time for bonding with an infant is just after birth and shuttling between three homes so early in life could adversely affect development and bonding with the adoptive parents.

The bill reads that 45 days notice must be given before "the date on which the proposed placement is to occur, unless the director agrees otherwise."

And the screenings themselves must occur "without delay."

Austin questioned what "without delay" means in an era when government is plagued with staff shortages.

In another contentious part of the bill, Austin agreed with Yellowknife North MLA Roy Erasmus, who last week said the bill should require fathers to be named whenever possible.

Austin also criticized another controversial clause, the one defining spouse as a man and a woman.

"We support spouse defined to include same-sex couples," she said of a change which has already taken place in provinces such as British Columbia.

"Governments are going to have to provide more consideration to the rights of same-sex couples."

Despite suggestions on how to improve the proposed legislation, Austin said this bill is a clear improvement on the old one.

Another clause many Northerners watch closely regards aboriginal adoptions.

"Aboriginal is not defined," Austin said, noting possible problems determining heritage if a child is Metis or even one eighth non-Dene or non-Inuit.

The bill reads that aboriginal organizations would be consulted when "aboriginals" are placed, unless "the parent" specifically negates that consultation.

Finally, "there are more guidelines respecting placement and adoption outside the territories," Austin said.

Basically, the director of adoptions must give personal approval unless the child is going to a relative.