Filiation and adoption in Quebec. Three (3) ways of filiation are recognized in the Civil Code of Quebec: by blood, by assisted procreation and by adoption.
Filiation by Blood
The one called “by blood” is not based on biological connection, though, more on an accepted reality where apparent parents are the couple living together when a child was born. There are nuances, of course, but the general rule is simple: parents are those stated in the Act of Birth.
A presumed father has one year to contest filiation. A mother also may contest the person of the father within the same one-year time limit.
If there is no Act of Birth available, filiation might be established in Court of Law.
Filiation by Assisted Procreation
When a coupe or a person alone decides to use some other genetic material to have a child, this is called “parental project.”
In the same way as with filiation by blood, the Act of Death is the main document here. People named there to be parents — are the parents. Donors of genetic material have no filiation bond with the child born (but for the case where genetic material was provided by way of sexual intercourse).
The rights of the parents and the children are the same is with filiation by blood also. Assisted procreation itself is not a ground to contest filiation.
Importantly, surrogate mother agreements are null in Quebec. This means a surrogate mother is not obliged to deliver a baby to those contracted her to bear a child, whatever the agreement was.
Filiation by Adoption
Filiation by adoption is the most complicated one. But for certain cases involving direct relatives a person giving up his or her child for adoption cannot designate future parents. Instead, a special procedure is involved, including several steps and authorizations in Court.
First, currently established parents of the child should give their consent for adoption of their child (or the Court should declare a child eligible for adoption, if there is an orphan, if the parents were deprived from parental authority or if they practically do not take care of their child). Even a minor parent can give such a consent without authorization needed. Consent of a parent deprived from parental authority is not needed, though.
Consent for adoption might be withdrawn within thirty days.
The Director of Youth Protection (DPJ) may apply for a declaration of eligibility for adoption in special cases, particularly when it is unlikely that the child’s parents (or another tutor) would be taking care.
An adult person may be adopted only by those who were actually taking parental role in that person’s childhood. (The Court could make exceptions in special circumstances).
When a child is 10 years old or more, his (her) consent is required for adoption. However, the Court might overrule a child’s refusal if the child is under 14 years old.
If a 14-year-old child does not want to be adopted, then adoption is not allowed.
Second, there should be a placement order of the Court. The child is placed in a foster family, and a person is designated to act with parental authority until adoption. This period is at least six months. (Again, the Court might reduce the period in some circumstances).
Third, after expiry of the placement period the future new parents can apply for adoption. The Court, granting such an application, may authorize a name change for a child. Adoption creates a new filiation bond instead of the preexisting one. A child does not belong to his (her) previous family anymore and gets all the rights as a child of his (her) new family. Previous parents lose their rights and obligations towards the child.
Normally, the information about the previous family is confidential. Yet, there might be an agreement (in writing) allowing information exchange and personal relationships with the original family (grandparents, for example).
If the Child in Question is Outside of Quebec
There is a special procedure to follow if the adoption process concerns a child living outside of Quebec. Youth Protection Acts regulates this procedure, altogether with the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. The Director of Youth Protection makes psychosocial assessment.
A person living in Québec may not adopt a child who is in Québec unless that child is authorized to remain permanently in Canada.
If there is a foreign decision granting adoption, it normally should be recognized by the Quebec Court.
Allen Madelin is a small boutique law firm with particular expertise in family law and adoption. Don’t hesitate to contact us with questions about filiation and adoption in Quebec. You can call us at 514-904-4017 or write an email: [email protected]
