Adopting a child is part of your life's plans... An exciting adventure awaits you for sure, but there are many legal steps to take before you get there. Better be prepared to face the legal process of adoption by working with competent experts in the field such as a family law expert.
Do you know the difference between adoption in Quebec and adoption in a foreign country? Do you know the difference between adoption by special consent and adoption by general consent? There is no need to panic if you don’t know the answers because your family law attorney can explain to you in detail how adoption works.
To help you understand adoption and its consequences, JuriGo presents what everyone should know about adoption in Quebec!
Who can adopt a child in Quebec? Several conditions are required!
In order to protect the interests of adopted children, Quebec law imposes many conditions for a person to be able to adopt a child. Thus, any person who is single, married, in a civil union, or in a relationship with a person of the same sex can adopt a child if he or she meets the following conditions!
-
You must be of age to adopt a child in Quebec.
-
The adopting party must be 18 years of age or older than the child for adoption.
-
The adoption must be in the best interests of the child.
-
The biological parents must consent to the adoption (unless the court declares the child eligible for adoption despite the absence of consent).
-
A child who is 10 years of age or older must consent (but the court may override the refusal).
-
A child 14 years of age or older may refuse to be adopted (the court will be obliged to respect the refusal).
Adopting the child of a spouse comes with special conditions! You must be married or in a civil union with your spouse. If you aren’t married or in a civil union, you will also be eligible to adopt after 3 years of living together . In all cases, the spouse of the parent does not have to be 18 years older than the child.
Not everyone is eligible to adopt a child. These are just the eligibility requirements for the adoption process. There is still a long way to go before an adoption judgment is pronounced. Check out the requirements to reach this ultimate goal!
Are the conditions different for adopting a child of age?
The interest of the adopted person remains at the center of the adoption process even when the child is of age. However, the adult adoption process does not have to follow all the conditions required in the adoption of a minor. Rather, the following criteria must be met:
-
The adopting party must be 18 years of age or older than the adoptee (except for a stepchild).
-
The adult for adoption must consent to the adoption.
-
The adopting party must have acted as a parent to the person for adoption while the latter was a minor.
This last criterion is the main difference between the adoption of a minor and that of an adult. The courts have clarified that in order to have acted as a parent to the child, the adopting party must have provided the necessary care for the child's life. However, article 545 of the Civil Code of Quebec provides that the court may waive this requirement if it is in the interest of the adopted person to do so.
Steps in the adoption process in Quebec!
The ultimate goal of the adoption process is to obtain an adoption judgment. In order to reach this goal, a three-step process must be completed. While it is true that the steps involved in adoption in Quebec are not that many, you can expect them to take time and be complex!
Step 1: The Declaration of Eligibility for Adoption
The main principle of adoption is that the consent of the biological parents must be given for a child to be eligible for adoption. This consent can be revoked within 30 days. However, there are times when this scenario is not possible, in which case the declaration of eligibility for adoption must be obtained judicially! A judicial declaration can only be obtained under 4 circumstances:
- A child over 3 years of age whose maternal or paternal filiation has not been established
- A child who has not been cared for by either parent for the past 6 months
- A child without a guardian whose parents have lost their parental authority
- A child who has no father or mother, if he or she has no guardian
The judicial application for a declaration of eligibility for adoption can only be made by a person related to the child. This person must be an ancestor or a relative in the collateral line to the third degree. Once the declaration of eligibility is granted, the next step is the placement order.
Step 2: Issuing a placement order
The placement of the child is a sort of "test period" during which the child lives with the adopting party who has parental authority over the child. This placement period will last a minimum of 6 months before an adoption application can be submitted. However, it is still possible to ask the court to reduce the period to 3 months if the child had already resided with the adopter prior to the order.
The placement period is a sort of transition period during which the child can exercise his or her rights using the name of the adopting parent. In addition, once the child is placed, the parents can no longer have contact with the child and the child cannot be returned to them.
Step 3: Filing an Application for Adoption
When the time limit for the placement order has expired, the adopter can now file a petition for adoption with the court to have the request granted. The adoption order can only be granted if it is in the child's best interest and if the child has adapted well to the family. Once the adoption is granted, the filiation links with the biological parents will be broken and a new legal link will be created with the adopter.
Although these steps are few in number, they are exhaustive and need to be followed to the letter in order to maximize the chances of success. This is why it is advisable to hire a lawyer to handle the adoption case!
Is the process for international adoption more complex?
The adoption process in Quebec is different from international adoption. If you are planning to adopt a child from a foreign country, you should know that the steps vary from one country to another and are not dictated by the Quebec authorities!
Here are the steps for international adoption as explained by the International Adoption Secretariat that you should know!
- Choice of the country of origin and development of an adoption project.
- Opening of the case with the International Adoption Secretariat.
- Psychosocial evaluation of the adopters to prepare the case.
- Transmission of the case to the foreign authorities.
- Waiting period (can last several years depending on the country concerned).
- Recommendation of a child by the foreign authorities.
- Authorization from the International Secretariat for Adoption to continue the process.
- Travel abroad to complete the legal formalities.
- Bring the child to Canada and legal procedures in Quebec.
- Sending progress reports to the country of origin.
- Finalization of the project with the delivery of the new birth certificate.
International adoption involves many more steps, involves foreign authorities, and can take years to complete. Each case is unique and some may proceed more efficiently than others but it is clear that international adoption comes with a degree of complexity.
What are the legal consequences of adoption?
The first consequence of adoption is nothing less than the replacement of the bond of filiation. This means that the original link that bonded the child to his parents is broken and replaced by that of his adoptive parents. The child will bear the name of the adoptive parents and it is these same adoptive parents who will, henceforth, exercise parental authority.
In addition, the adoptive parents now assume child support obligations, the responsibility for damages caused by the minor, and all other rights that the biological parents assumed. Please note that these consequences are irreversible and that the effects of the adoption are permanent.
Do the biological parents retain any rights concerning the child? The biological parents no longer have any parental rights with respect to the child since filiation is broken and their right to exercise parental authority ceases. In other words, they lose all their rights as far as the child is concerned after the adoption.
The benefits of having a family lawyer handle your adoption case!
Family lawyers work in one of the most sensitive areas of law, especially when dealing with adoption cases. The stakes are high and the interests of a child are at stake. Trusting an experienced lawyer in the field will ensure the following benefits at the very least!
Support throughout the process. There may only be three steps in the Quebec adoption process, but they are all of the utmost importance. Since they must be followed to the letter and the requests must be presented within specific time limits, it is best to have a lawyer handle the process.
The process must be explained at each step. It is not always easy to understand the legal terms and implications of the various adoption orders. Your family law attorney will take care of the legal side so that you can focus on the family side of the case.
Protecting the interests of the child to be adopted . Did you know that a child can be represented by a lawyer during the adoption process? In fact, when the child's interests are at stake in the process, the child may request a lawyer or the court may assign a public defender.
Find a lawyer for adoption in Quebec or abroad with JuriGo!
Starting the adoption process is much more than filling out legal paperwork. You must also consider the best interests of the child at every step of the process to ensure the protection of his or her needs.
Only a family law attorney knows how to balance all the forces at play in order to bring your adoption process to a successful conclusion.
Our partner attorneys are highly qualified in adoption law and will guide and support you throughout the process.
Find your family law attorney specializing in adoption with the help of JuriGo!
Fill out the form at the bottom of the page now to get in touch with a lawyer for free and without obligation!