The Terms of Reference require that the following two questions be addressed in relation to the adoption issue:

1. As they apply to adoption applications by same-sex common-law couples, are the provisions in Manitoba's Adoption Act likely to survive a Charter challenge?
2. If Manitoba's Adoption Act is not likely to survive a Charter challenge, review legislative approaches in other Canadian jurisdictions, identify models (legislative approaches) which would comply with the Charter, and recommend a preferred approach.

With respect to the first question, section A describes in detail the current provisions of Manitoba's Adoption Act as it applies to adoption applications by same-sex common-law couples. Section B provides more information on adoption in Manitoba as gathered through our process of submissions and consultations. Section C analyzes the provisions in the Adoption Act relating to same-sex adoption in relation to the Charter, and answers the question as to whether they would be likely to survive a Charter challenge.

With respect to the second question, section D reviews the legislative approaches in other Canadian jurisdictions and section E contains my analysis of which legislative approaches I believe would comply with the Charter and which would be recommended. A summary of my recommendations pertaining to adoption are set out in the recommendations section F.

Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. - Volume 1 III. Adoption
II) Introduction	IIIa) Adoption Law in Manitoba
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. Volume 1 Volume 2 (proposed Statute Amendments) Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. Final Report