There are different types of adoption for a child domiciled in Québec, including regular adoption, when a child is proposed for adoption by general consent or a declaration of eligibility for adoption, as well as adoption under the Banque mixte program. Adoption by general consent Adoption by general consent is possible when the child's biological parents consent to the adoption. The consent of both parents is necessary if filiation (see the definitions) has been established for both of them. However, if a parent is deceased, unable to express his or her wishes or is deprived of parental authority, the consent of the other parent is sufficient. Parents have 30 days from the signing of their consent to reconsider their decision. In addition, at any time before the judge pronounces the placement order, they may apply to the court to resume custody of the child. NoteA minor parent may consent to the adoption of his or her child. Adoption by a declaration of eligibility for adoptionAdoption by a declaration of eligibility for adoption is possible when a child has been declared eligible for adoption without the consent of the biological parents in one of the following situations:
Adoption under the Banque mixte programPersons who want to adopt a child and are willing to first accept the child as a foster family may be eligible for the Banque mixte program. This program is for persons who desire to become a foster family and, for an undetermined period, care for a child who is not immediately legally adoptable. The children have generally been removed from their parents, for example, because of the parents' inability to care for them or due to ill-treatment. A child entrusted to a foster family can generally remain in contact with his or her biological parents, and return to live with them if they develop sufficient parenting capacities. Otherwise, the child may become legally adoptable and be adopted by the foster family. Financial assistance under the Banque mixte programThe family may be eligible to receive financial assistance when the child becomes legally adoptable. Adoption processAll adopters must attend an information session, whether the adoption is a regular adoption or a Banque mixte adoption. After that, they must have a psychosocial assessment. If the result is satisfactory, they will eventually be matched with a child. Legal stepsA placement order is first granted by the Youth Division, which transfers parental authority to the adopter. The child's placement usually lasts between three and six months. That step is mandatory, even if the child already lives with the adopters. 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. Child's consent 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 cameraProceedings 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.
FiliationLegal relationship between a child and a parent
ClienteleAny person who, alone or with another, wants to adopt a child RequirementsTo adopt a child or first be a foster family, the adopter must
Eligibility requirements for financial assistance under the Banque mixte program For adopters to be eligible for financial assistance, the child must
Additionally, if the child is under 10 years of age, one of the following situations must have been noted:
The placement period for a child who has a disability or adjustment problems is set at 6 months in the following cases:
Benefits and grantsThe amount of financial assistance that may be granted for the adoption of a child under the Banque mixte program depends on a number of factors. The Regulation respecting financial assistance to facilitate the adoption of a child explains how the amount is calculated. Financial assistance is granted for 1 year from the date of the order of placement of the child. It may be renewed for 2 consecutive years; thus, it is granted for a maximum of 3 years, on a decreasing basis.