The Solutions of Orphans

Foster/ Adoptive mother of children depicting in other photo

Foster/ Adoptive mother of children depicting in other photo

Foster/ Adoptive children of mother depicting in other photo

Foster/ Adoptive children of mother depicting in other photo

Whether it be because of dead parents or ones who left, orphans have always been an unavoidable part of society. Though many cultures over the ages have had different ways of addressing this issue; adoption, in its modern form, has become one of the most well-known. In Canada, the laws and procedures concerning this process have evolved over the years becoming what is now known as the foster care system and adoption.

Most accredit Massachusetts with the first set of laws governing this form of adoption. The Adoption History Project writes, “The Massachusetts Adoption of Children Act, enacted in 1851, is widely considered the first ‘modern’ adoption law.” This set of laws was about who needed to consent for the adoption, how inheritances would be managed, and when a child could and couldn’t be given up for adoption. According to the website, it took a while before similar laws began appearing in other Western industrial countries such as England. However, sooner or later they each created their legislation regarding this issue, including Canada in 1873.

Canada’s version of these laws were, and continue to be, provincially governed; and the first province to make these laws was New Brunswick. According to the Canadian Encyclopedia was created to protect illegitimate children if one parent decided to abandon the child; since there was no law stopping them. The child would be placed with “…couples unable to have their children.” More recently, laws such as these have been used in other situations as well, such as divorce.

A year after the previous set of laws were put into effect, the Charity Act was put in place. Family & Children’s Services of Guelph and Wellington County writes that the act “…Encouraged voluntary organizations to establish and support orphanages based on the British system.” However, these facilities often focused on only economic needs while disregarding mental and emotional development. To combat this neglect, the Guelph Humane Society was founded.

Not to be confused with the Animal Humane Society of the same name, the Guelph Humane Society aimed to replace the other orphanages at the time with ones better suited for the task. Also, according to Family & Children’s Services, their mission was, in short, to protect the best interests of abandoned/orphaned children. This would eventually lead to the foster care system, which is still in use today.

Guelph Humane Society's first location

Guelph Humane Society’s first Location

The foster care system, in Canada, was created during the late 19th–early 20th century as a replacement for traditional orphanages. Ontario Association of Children’s Aid describes it as when a temporary parent or parents take care of a foster child. This is meant to ensure each kid gets better emotional support. Foster children, despite often being orphans, also include non-orphans who, for one reason or another, need to be away from home.

Despite being overall better for a child’s well-being than an orphanage, Foster care still has problems which need to be dealt with. According to Homeless Hub, there have been links between this system and homelessness. They explain that a foster child might have several foster parents. Not having long-term parents has led to psychological issues, which in turn has led to higher chances of homelessness. However, as long as the child stays only with one family, the risks are negligible.

Throughout the years, the methods of dealing with orphans have evolved. Starting as a means to protect children of unmarried parents who abandon them, laws quickly spread outwards both geographically and in purpose. Orphanages were built, and when they were found not to be effective, they were replaced with foster care. And though the system used now isn’t foolproof, history has proven that it’s slowly getting better at its job, of protecting vulnerable children.


My name is Edwin M. W. Smith I am a science fantasy writer who has been writing fiction seriously for around four years and currently attending Algonquin College. I also compose classical and jazz music on Muscore and have learned to play clarinet, soprano and alto recorders, violin, and some guitar. In addition to these things, I’m also a self-taught artist on Gallea.