Adoption by special consent 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.
Consent may be given only
- to the spouse of one of the child's parents
- to a close relative of the child, such as:
- his or her grandfather or grandmother
- his or her uncle or aunt
- his or her brother or sister
- a spouse of a close relative of the child
- a couple formed by a closed relative of the child and his or her spouse
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. This 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 Directeur de l’état civil draws up a new act of birth for the child.
The adopter now has the same rights and obligations with regard to the child as would a biological parent. Similarly, the child now has the same rights and obligations with regard to his or her adoptive parent(s) as he or she did to the biological parent(s).
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 granted in his or her best 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.
Suppletive tutorship
A parent who cannot fully exercise his or her tutorship and parental authority over his or her child (for example: the parent is experiencing serious difficulties or is absent from the child’s life) but who does not wish to place the child up for adoption can name a suppletive tutor. A process that must be approved by a court, suppletive tutorship allows a parent to either delegate all of his or her parental responsibilities to one or two other individuals, or to share these responsibilities with another person. Because this measure does not break the filial bond between child and parent, it can constitute an alternative to adoption.
Clientele
Adoption by special consent concerns the following people:
- The biological parents of a child
- 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
In addition, the application for adoption must be 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 both biological parents (unless one of them is not known, deceased, unable to express his or her wishes or has been deprived of parental authority)
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 consent of both biological parents (unless one of them is not known, deceased, unable to express his or her wishes or has been deprived of parental authority)
