Provincial Court of Saskatchewan - Family Division: Filing for Adoption

PROVINCIAL COURT OF SASKATCHEWAN
FAMILY DIVISION

COURT FILE NO.: SASK-FAM-2024-ADOPT-001

IN THE MATTER OF THE PROPOSED ADOPTION OF
THE STATE OF NORTH DAKOTA AND THE STATE OF SOUTH DAKOTA
BY THE PROVINCE OF SASKATCHEWAN

NOTICE OF APPLICATION

TO: All Interested Parties, Including But Not Limited To:

• The United States of America (Current Guardian)
• The State of North Dakota (Child)
• The State of South Dakota (Child)
• The Government of Canada (Federal Authority)
• The Province of Manitoba (Interested Neighbour)
• The Province of Alberta (Interested Neighbour)
• The State of Montana (Confused but Supportive Neighbour)
• Any other parties who believe they have standing

TAKE NOTICE that an Application has been filed with the Provincial Court of Saskatchewan, Family Division, for an Order of Adoption regarding the States of North Dakota and South Dakota.

THE APPLICATION

The Province of Saskatchewan applies for:

1. An Order declaring the Province of Saskatchewan to be the legal parent and guardian of the States of North Dakota and South Dakota;
2. An Order that the adoption be joint and indivisible, such that both children are adopted simultaneously and neither may be adopted without the other;
3. An Order terminating the current guardianship of the United States of America over the said children;
4. An Order that the children be known hereafter as "North Dakota, Saskatchewan" and "South Dakota, Saskatchewan" or such other designation as the Court finds appropriate;
5. An Order directing relevant authorities to amend all records, maps, and documents to reflect the new jurisdictional arrangement;
6. Such further and other relief as this Honourable Court deems just.

GROUNDS FOR THE APPLICATION

The grounds for this Application are:

1. The children, North Dakota and South Dakota, have consented to the adoption (Form SK-AD4);
2. The prospective parent, Saskatchewan, has demonstrated capacity and fitness (Form SK-AD6);
3. The adoption is in the best interests of the children, providing them with universal healthcare, stable governance, and continued sibling connection;
4. Saskatchewan has committed to never separating the children (Form SK-AD2);
5. Character references support Saskatchewan's application (Form SK-AD5);
6. No legal impediment exists other than those which Saskatchewan is working to address;
7. The adoption serves broader interests of cross-border cooperation, Indigenous reconciliation, and prairie solidarity.

EVIDENCE IN SUPPORT

In support of this Application, Saskatchewan relies on:

1. Form SK-AD1: Joint Application for Adoption of Twin States
2. Form SK-AD2: Declaration of Sibling Non-Separation
3. Form SK-AD3: Notice of Intent to Receive Children
4. Form SK-AD4: Consent of Children to Adoption
5. Form SK-AD5: Character References for Saskatchewan
6. Form SK-AD6: Declaration of Family Circumstances (Home Study)
7. Form SK-AD7: Adoption Placement Agreement (pending signature)
8. Form OTT-1247B-Rev.C(iii): Federal Acknowledgment (such as it is)
9. Such further evidence as counsel may advise

HEARING

This Application is scheduled to be heard on:

DATE: [To be set by the Court, pending resolution of minor jurisdictional questions]
TIME: 10:00 AM (or whenever the Court convenes)
PLACE: Provincial Court of Saskatchewan, Family Division
              1815 Smith Street
              Regina, Saskatchewan S4P 3V7

OR, in the alternative, by video conference, given that several parties are in different countries.

RESPONSE

If you wish to respond to this Application, you must:

1. File a Response with the Court within 30 days of receiving this Notice;
2. Serve a copy of your Response on the Applicant (Saskatchewan);
3. Indicate whether you support, oppose, or take no position on the Application;
4. If opposing, specify your grounds with particularity.

IF YOU DO NOT RESPOND, the Application may proceed in your absence and Orders may be made without further notice to you. (This applies especially to the United States, who we suspect will not respond.)

JURISDICTIONAL NOTE

The Court acknowledges that this Application raises novel jurisdictional questions, including but not limited to:

• Whether a Canadian provincial court has jurisdiction over the adoption of American states;
• Whether American states have legal capacity to be "adopted" under Canadian law;
• Whether international law permits such arrangements;
• What legislation would govern this adoption;
• Whether any of this is real.

Saskatchewan submits that these questions should not prevent the Court from entertaining the Application. Jurisdiction, like so many things, is ultimately a matter of collective agreement. Saskatchewan believes. The Dakotas believe. Manitoba seems supportive. That's a start.

ISSUED

DATED at Regina, Saskatchewan, this _____ day of __________, 20____.

___________________________________
CLERK OF THE COURT
Provincial Court of Saskatchewan
Family Division

APPLICANT'S ADDRESS FOR SERVICE:

Province of Saskatchewan
c/o Ministry of Justice and Attorney General
1874 Scarth Street
Regina, SK S4P 4B3

Email: adoptions-unprecedented@gov.sk.ca
Phone: (306) 555-ADOPT
Fax: (306) 555-ADPT

The wheels of justice turn slowly. The wheels of international prairie adoption turn even slower. But they do turn. Eventually.