Foster parents in Ontario generally do not have to pay child support for foster children when a relationship ends, because foster children are treated differently in the legislation than biological or adoptive children. However, there can still be important financial and legal issues to sort out when foster parents separate.

How Ontario Defines a “Child” for Support

Under Ontario’s Family Law Act, parents have a legal duty to support their children, but “child” is defined in a way that specifically carves out foster care arrangements.

• A parent includes someone who has shown a “settled intention” to treat a child as part of their family, except where the child is placed in a foster home for payment by a person or agency with lawful custody.

• This means foster children are not included in the definition of “child” for child support under the Family Law Act, even if the foster parent had a close relationship with them.

Why Foster Parents Are Treated Differently

Foster care is governed by a different legal framework than typical parenting arrangements. The relationship is designed to be temporary and supervised, not a permanent legal parent–child relationship.​

• Foster placements are arranged and overseen by a Children’s Aid Society or another approved agency under child protection legislation, and foster caregivers are compensated for the care they provide.​

• Because of this structure, the law treats foster care more like a specialized caregiving role than a parental one for child support purposes.

Do Foster Parents Owe Child Support Upon Separation?

When foster parents separate, there is no automatic statutory obligation for one foster parent to pay child support for foster children to the other.

• The Family Law Act child support provisions apply to biological and adoptive parents, and to some step‑parents or other caregivers who have acted as parents, but not where the child is placed in a foster home by an agency for compensation.

• Ontario’s child support tools and calculation services are also designed for situations involving parents (or people with decision‑making responsibility) of children who meet the Act’s definition, not foster placements.

What About Wills and Inheritances?

The same distinction shows up in Ontario estate law. A foster child is usually not treated as a “child” for automatic inheritance rights if a foster parent dies without a will.

• Courts have confirmed that foster children do not qualify as “children” for certain parts of Ontario’s Succession Law Reform Act, which affects intestate inheritance and some dependant’s relief claims.

• This reinforces the idea that, in Ontario law, foster relationships do not automatically create the same financial rights and obligations as biological or adoptive parent–child relationships.

Practical Takeaways for Foster Parents

Even if child support is not payable in the usual way, separation can still impact foster families in other ways, and foster parents should get tailored legal advice.

• There may be issues around who continues as a foster caregiver, contact with the child, and how the separation affects foster approvals through the Children’s Aid Society.​

• A family lawyer familiar with both child protection and family law can review your specific situation, including any agreements with the agency, and help you understand your options going forward.