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Parents - AdoptionAdopting a Child in Quebec
People adopt children for many different reasons: they may want to start a family, add to their existing families, do their part for society, or legalize emotional bonds. There are also situations in which a person may want to adopt his or her spouse’s child. You must accomplish certain essential steps, whatever your reasons for adopting.In this Infosheet, Educaloi explains the conditions involved when adopting, what steps must be taken with the Youth Centre and the legal proceedings leading to an adoption order. It also explains the legal consequences of adoption for the biological parents, adoptive parents, and the adopted child.
What conditions must I satisfy to adopt a child in Quebec?
Whether you are single, married, in a civil union or living common-law, you can apply to adopt a child in Quebec. As a general rule, the following conditions must be satisfied:- The adoption must be in the best interest of the child;
- You must be at least 18 years old;
- The general rule is that you must be at least 18 years older than the child you wish to adopt, unless it is the child of your spouse;
- The biological parents must consent to the adoption of their minor child, unless they abandoned him or the court withdrew their parental rights (see the Infosheet entitled Parental authority for details);
- The child must be consulted about his adoption, if he is 10 years old or older;
- The child must consent to be adopted, if he is 14 years old or older.
If I want to adopt the child of my spouse, are their special rules?
Yes. In addition to the basic conditions mentioned in the preceding questions, if you are neither married nor joined by a civil union, you and your spouse must be cohabiting for at least three years.This kind of adoption is open to both same-sex and different-sex couples.
Will the court consider the child’s wishes?
A child 10 years of age and older must consent before being adopted. However, the court may grant the adoption of a child under 14 years old even if he refuses, as long as it is in the child’s best interest. The refusal of a child aged 14 and over will prevent the adoption.Is it possible to adopt an adult?
It is possible to adopt an adult, but in general the adopting person must have acted as a parent to that adult when she was a minor. For example, suppose Michel, who is in a civil union with Danielle, acted as a father to Danielle’s daughter (Sophie) during her teen years. Now that Sophie is an adult, Michel can ask to adopt her, if Sophie agrees.It is important to mention that the request for adoption must be made before the Youth Division of the Court of Quebec even if the person to adopt is an adult.
Who should I contact if I want to adopt a child in Quebec?
You should contact your local Youth Centre and register with an “adoption registry”. Two registries exist: regular and mixed. The regular registry includes very young children who have been orphaned or left for adoption at birth by their parents. The mixed registry includes children who have been taken from their parents by the Director of Youth Protection (DYP) for various reasons: abuse, incapacity of parents to care for the children, abandonment, etc.Before being accepted as a potential adopting parent, you will be asked to undergo a psychosocial evaluation.
If you want to adopt a child from the regular registry, you will have to wait several years, because it is rare to find orphans or babies left at birth to adopt. That’s why most people who want to adopt a child opt for international adoption or the mixed registry. To learn more, you can consult the Infosheet entitled International adoption.
Adopting a child from the mixed registry takes less time. A child who has been taken away from his family by the DYP will be placed in your family if you are accepted by the mixed registry. After a period of time, the DYP will evaluate the situation, and if it feels that it is in the best interest of the child, it will begin the adoption procedure with you.
How will I be matched with a child?
After applying for adoption with the Youth Centre, you must meet with a social worker or psychologist who will psychologically assess you. You will be asked questions about your work, friends, family, educational values, etc. If you are successfully assessed, you will be matched with a child (after a wait of several years for the regular registry).Can the biological parents withdraw their consent to the adoption?
If their consent is necessary, the biological parents will have 30 days to withdraw the consent. If that happens, the child has to be returned to them.After the 30 days are over, a biological parent must appear before the court if he changes his mind and would like the child to be returned to him – but this must be done before the order to place the child in anticipation of adoption is made.
What do adoption proceedings entail?
The first step is to ask for the child to be placed for the purposes of adoption. This step is mandatory, even if the child is that of your spouse and you have lived together for several years. This step is unnecessary when an adult is adopted.During the hearing of the motion for placement, the court makes sure that all the conditions are fulfilled and that there is no request for the return of the child by one of the biological parents. If needed, the court makes a placement order. This order, which is normally valid until the final step of the adoption process, allows the adopting parent to exercise parental authority respecting the child. For more information, you can consult the Infosheet entitled Parental authority.
The second step is the adoption itself. Normally, the adoption judgment is only made after a 6-month time period from the time of the placement order. But this period can be reduced, as long as it doesn’t go below 3 months.
During the hearing of the motion for adoption, the court ensures that the adoption is really in the best interest of the child. If the placement was done on the initiative of the DYP, the court will also see if the child has adapted well to the new situation. If not, the adoption will be refused.
What about the adopted child’s name?
After granting the placement order, the court will give the child the name you have chosen for him or her. However, the court may allow the child to keep his original first and last name if you or the child so wishes. The child will be known by his new names as of the date of the placement order.After the adoption, what rights do the adoptive parents have? What about the biological parents?
Adoption has very important consequences: it replaces the original filiation with a new one. In all ways, the child becomes that of the adoptive parent. The adoptive parent gains the same rights and obligations as if she were a biological parent. The adoptive parent has the same rights and duties toward the child she has adopted as she would toward her biological child. For example, in the case of separation, the adoptive parent may have to pay child support for the adopted child.If you adopt your spouse’s child, the bond of filiation between him and the child remains intact. In all other cases, there remains no bond of filiation between the biological parents and the adopted child. So, the biological parents will have no rights or obligations toward the child and vice-versa.