[Kenl164]

A friend of mine had stolen a car , had an accident, got hurt badly, is on the road to recovery. Has him mental capabilities, some memory loss, motor skills need work, they are improving. He is in jail for 2 years with rehabilition. Does not want to go back to his family. He cannot stand his mother and there is no room to live with his father. We have become very close and I had suggested I adopt him so when he is released he will be able to live with me without his mother's intervention.

[ScottGem]

How old is he? And, in ANY question about law, we need to know your general area as laws vary by area.

[Kenl164]

He is 26 and the area is Toronto

[ScottGem]

He is an adult and doesn't need permission from his family to live where he wants. Unless he is mentally handicapped to the point where he can't make decisions for himself and his mother has been appointed guardian, then there is no need for you to adopt him. If he wants to move in with you there is nothing to stop him.

[GV70]

He is an adult and doesn't need permission from his family to live where he wants. Unless he is mentally handicapped to the point where he can't make decisions for himself and his mother has been appointed guardian, then there is no need for you to adopt him. If he wants to move in with you there is nothing to stop him.

PART VII ADOPTION
146. Adoption of child

Adoption of adult, etc.
(3) The court may make an order for the adoption of,
(a) a person eighteen years of age or more; or
(b) a child who is sixteen years of age or more and has withdrawn from parental control,
On another person's application. R.S.O. 1990, c. C.11, s. 146 (1-3).

Who may apply
(4) An application under this section may only be made,
(a) by one individual;
(b) jointly, by two individuals who are spouses of one another; or
(c) by any other individuals that the court may allow, having regard to the best interests of the child. R.S.O. 1990, c. C.11, s. 146 (4); 1999, c. 6, s. 6.

Residency requirement
(5) The court shall not make an order under this section for the adoption of, or on the application of, a person who is not a resident of Ontario. R.S.O. 1990, c. C.11, s. 146 (5).

Participation of adult, etc.
(4) Where an application is made for an order for the adoption of a person under subsection 146 (3), the court
Shall consider the person's views and wishes and, on request, hear the person. R.S.O. 1990, c. C.11, s. 152 (2-4).

Change of name
153. (1) Where the court makes an order under section 146, the court may, at the request of the applicant or applicants and, where the person adopted is twelve years of age or more, with the person's written consent,
(a) change the person's surname to a surname that the person could have been given if he or she had been born to the applicant or applicants; and
(b) change the person's given name.

[Kenl164]

He is an adult and doesn't need permission from his family to live where he wants. Unless he is mentally handicapped to the point where he can't make decisions for himself and his mother has been appointed guardian, then there is no need for you to adopt him. If he wants to move in with you there is nothing to stop him.

Thank you so much, you have made me feel on top of the world. I will relay that information to him. I expected he could do what he wanted , I just needed confirmation.

[ScottGem]

PART VII ADOPTION
146. Adoption of child

Adoption of adult, etc.

Agreed that it is possible to adopt an adult. But I don't see the necessity in this case. The OP (or his friend) seem to think that the mother can control him and that's not the case.

[Kenl164]

I expect his mother to be difficult and if I were to adopt him would curb the possible problem. His father has no problem with it. His father does control his ODSP. How does this change, he will need ongoing help and thusly expenses that go along with that. A chap we both know made a comment, "I hope he's not spending it". This was brought up when the need to pay for the TV at the hospital came up and he, (not his father) paid the monthly fee.