Adoption and guardianship records

Find Ontario adoption records before 1921 and guardianship records from 1827 to the 1970s.

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About adoption and guardianship records

We hold legal records created by the Government of Ontario regarding the transfer of custody of children to people who were not their birth parents.

We hold:

  • statutes of Provincial parliament approving adoptions before 1921
  • guardianship registers, books and files created by county courts from 1827 to the 1970s

These records may include information about:

  • birth name(s) of child(ren)
  • name(s) of adult(s) granted legal custody of the child(ren)
  • addresses
  • the reason(s) for adoption or guardianship

Adoption vs. guardianship

Adoption is the legal process whereby a minor person becomes the lawful child of someone other than their birth parents. They have the same inheritance rights as children born into this family.

Guardianship is the formal assignment of responsibility for the welfare of a minor person or “ward” to an adult other than their birth parents, until age 18. They do not become legal members of the family and do not have rights to the estate unless stated in a will. After 1827, an adult – usually a relative or family friend – could apply to a probate or surrogate court to become the legal guardian of a minor.

Before 1921, guardianship was far more common in Ontario than adoption. However, the word “adoption” was widely used to describe both situations, despite their significant legal differences.

Information you need to search these records

To request guardianship or adoption records, you need to know the:

  • names of the people involved
  • year of guardianship or adoption
  • county where guardianship application was made

Adoption records before 1921

We hold Ontario adoption records before 1921. If you are searching for an adoption after 1921, visit the Ontario government’s adoption records search page.

Before 1921, legal adoption in Ontario was only possible through an act provincial parliament. As such, legal adoption was rare, mostly reserved for high-profile cases brought forward by wealthy families.

To find adoptions before 1921, you need to search through historic bills and statutes passed by the Province of Ontario, Parliament of Canada West or Parliament of Upper Canada. See our publications of the provincial legislature topic to learn how to access these.

Guardianship records

We hold Ontario guardianship court records from 1827 to the 1970s (records vary by county). They include:

  • guardianship registers (usually indexed by child’s surname)
  • guardianship books
  • guardianship files

Not all courthouses kept the same type of records. From 1827 to 1859, guardianship applications were filed with the Probate Court, which covered civil matters for all of Upper Canada / Canada West. After 1859, guardianships were filed with Surrogate Courts representing counties or districts across the province.

Download a pdf copy of our guardianship court records table (pdf).

If you can’t find what you’re looking for or want to conduct further research, you can try researching related records.

Will and estate files

Sometimes guardianship files can be found with an estate file. Information about wards and adoptions may be gleaned from the wills and other estate documents themselves.

Birth registrations

If guardianship resulted in the change of the child’s name, the birth registration was annotated with the new name. When birth registrations were re-indexed in the 1950s, the names of children were updated to reflect their new names.

Get research help

We can point you to resources to help you with your research. Contact us.

For professional research help, we have a list of private companies and freelance researchers who can do research on your behalf.

Glossary

Guardianship: the formal assignment of responsibility for the welfare of a minor person or “ward” to an adult other than their birth parents, until age 18.

Court of Probate: a historical division of the Superior Court of Justice responsible for overseeing the legal process of validating guardianships and other private matters. The Court of Probate handled estates valued at 5 pounds or more, in two or more districts, from 1783 to 1858.

Surrogate Court: historical courts responsible for the probate of wills, administration of estates, and guardianship matters, but their functions have since been absorbed by the Superior Court of Justice.