Adoption by special consent allows the parent of a minor child to specify who may adopt the child. The person must be at least 18 years old, among other requirements. If the child is at least 14 years old, his or her consent must be obtained.
Description
There are different types of adoption for a child domiciled in Québec, including adoption by special consent, which allows the parent(s) of a minor child to specify to whom, whether a person or a couple, they give consent to adopt their child. The consent may be given only
- to the spouse of one of the child's parents;
- to a close relative of the child, such as:
- a grandfather or grandmother;
- an uncle or aunt;
- a brother or sister;
- the spouse of a close relative of the child;
- a couple, when one of the spouses is a close relative of the child.
Note
A child may be adopted by the spouse of one of the parents, if both of the child's parents (including the former spouse) consent to it. However, the consent of the other parent is not required if that parent is not known, is deceased, unable to express his or her wishes or has been deprived of parental authority.
Legal steps
A placement order is first granted by the Youth Division, which transfers parental authority to the adopter. The order must be pronounced at least 30 days after obtaining the consent to adoption.
The child's placement usually lasts between 3 and 6 months. That step is mandatory, even if the child already lives with the adopter. Following that, a judge assesses whether the child has adapted to the adoptive family. If so, the judge pronounces an adoption judgment. The adopters and the child then have the same rights and obligations as with filiation by blood. The Directeur de l’état civil draws up a new act of birth for the child.
Consent of the child
A child who is at least 10 years old must be consulted about the adoption in order to obtain his or her consent.
If the child is at least 10 years old but less than 14, and refuses the adoption, it can nonetheless be pronounced in his or her interest.
If the child is at least 14 years old and refuses the adoption, the refusal makes the adoption impossible.
In camera
Proceedings involving child adoption are always held in camera; consequently, the public is not admitted to hearings and the identity of the persons concerned is not disclosed.
Clientele
Any person who has been given consent to adopt a child
Conditions
To adopt a child, the adopter must
- be at least 18 years old;
- obtain the child's consent if he or she is at least 14 years old, unless the child is unable to express his or her wishes;
- apply for adoption in the interest of the child.
Conditions for the adoption of a child by the spouse of one of the parents
The adopter must also meet the following conditions:
- be married or in civil union with one of the child's biological parents, or be the de facto spouse of one of the child's biological parents and have been cohabiting with that person for at least three years;
- obtain the consent:
- of the parent who is his or her spouse,
- of the child's other parent (former spouse), if applicable.
Conditions for the adoption of a child by a close relative or the spouse of a close relative
The adopter must also meet the following conditions:
- be at least 18 years older than the child;
- obtain the parents' consent, unless a parent is not known, deceased, unable to express his or her wishes or has been deprived of parental authority.
