Indigenous Adoption in PEI: Mi'kmaq Custom, Bill C-92, and First Nations Services

Adoption involving Indigenous children in Prince Edward Island operates under a different legal and cultural framework than non-Indigenous adoption. Since January 2020, federal legislation — commonly called Bill C-92 — has fundamentally shifted jurisdiction, recognizing Mi'kmaq communities' right to govern child and family matters under their own laws. Understanding this framework is essential for anyone involved in adoption planning for an Indigenous child in PEI.

Bill C-92: What Changed

The Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92) received Royal Assent in June 2019 and came into force on January 1, 2020. Its core principle: Indigenous peoples have an inherent right of self-government over child and family services, including adoption.

For PEI's Mi'kmaq communities specifically, this means:

• Mi'kmaq governing bodies can enact their own laws on adoption and customary care
• Provincial adoption laws (PEI's Adoption Act) apply only to the extent they are consistent with, and do not conflict with, Mi'kmaq law
• The province must meet national minimum standards that prioritize keeping Indigenous children within their communities and cultures

The minimum standards under Bill C-92 that the province must follow:

• Cultural continuity: Indigenous children must be kept within their own cultural community whenever placement within the family is possible
• Right to know identity: A child has an inherent right to know their family, community, culture, and heritage
• Substantive equality: Indigenous children must not be denied services due to jurisdictional or funding complexities

Mi'kmaq Customary Adoption

Customary adoption is a traditional practice that predates Western legal adoption concepts. In Mi'kmaq tradition, a child may be permanently placed with another family — often within the extended kinship network — without severing the ties to the birth family.

This differs from PEI's provincial adoption model in fundamental ways:

Under provincial law: Adoption permanently severs the legal relationship with birth parents. A new birth certificate is issued. The child is legally the adoptive family's child in every respect.

Under Mi'kmaq customary adoption: The bond with the birth family is maintained. The placement is about community belonging, care responsibility, and cultural identity — not legal severance. The community or elders may confirm the arrangement through traditional processes rather than a court order.

For Mi'kmaq families in PEI, particularly those connected to the Abegweit or Lennox Island First Nations, customary adoption is a legally recognized option under Bill C-92's framework. Legal recognition of customary arrangements under provincial vital statistics law can be pursued when documentation is needed for passport or other purposes.

The Mi'kmaq Family PRIDE Program

The Mi'kmaq Confederacy of PEI operates the Mi'kmaq Family PRIDE Program (Prevention, Respect, Intervention, Development, and Education). This program provides culturally grounded services to Mi'kmaq families involved with child welfare on the Island, including:

• Kinship care and extended family placement support
• Liaison with PEI Department of Social Development and Seniors
• Cultural connection support for Indigenous children in care
• Prevention services to support families and reduce the need for child removal

PRIDE has offices in Charlottetown (902-626-2882), Summerside (902-436-5101), and works directly with the Abegweit First Nation (902-676-2722) and Lennox Island First Nation (902-831-2711).

First Nations Jurisdiction in Practice

For a prospective non-Indigenous adoptive family seeking to adopt a Mi'kmaq child, Bill C-92 creates an important placement priority hierarchy. Under both federal law and PEI's Adoption Act, the placement preference order for Indigenous children is:

1. A family member within the Mi'kmaq community
2. Another Mi'kmaq family
3. A First Nations, Inuit, or Métis family (if Mi'kmaq placement isn't available)
4. A family outside the Indigenous community, with maximum cultural preservation commitments

This hierarchy means that non-Indigenous families are not automatically excluded from adopting a Mi'kmaq child — but they are not the first preference. Any non-Indigenous family pursuing adoption of an Indigenous child in PEI should be prepared to demonstrate a genuine commitment to cultural connection and to work collaboratively with Mi'kmaq community organizations.

Children Under First Nations Care vs. Provincial Care

In PEI, some Indigenous children in need of care fall under the jurisdiction of Mi'kmaq governing bodies rather than the provincial Department of Social Development and Seniors. Which system has jurisdiction depends on the specific circumstances, the child's community connections, and whether the relevant First Nation has enacted its own child services laws under Bill C-92.

Families interested in fostering or adopting an Indigenous child should contact both the Mi'kmaq PRIDE Program and the Department to understand which authority governs the specific situation.

The Mi'kmaq Family Resource Centre

The Mi'kmaq Family Resource Centre (158 St Peters Road, Charlottetown, 902-892-0928) provides community-based support services separate from the child protection system. It is a resource for Mi'kmaq families navigating any aspect of family support, including adoption-related questions.

The Prince Edward Island Adoption Process Guide includes a detailed overview of the Bill C-92 framework as it applies in PEI, the placement priority principles for Indigenous children, and contact information for Mi'kmaq community organizations.

See more Canada guides →