Ministère de la Justice
DescriptionThere 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
NoteA 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 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.
Clientele Any person who has been given consent to adopt a child Conditions To adopt a child, the adopter must
Conditions for the adoption of a child by the spouse of one of the parentsThe adopter must also meet the following conditions:
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:
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