A-7 - Adoption Act

Section 7 Disposition versions

1979-01-15

7. A legitimate child who is a minor may be adopted in the following cases only:

(a)  when he is both fatherless and motherless and no ascendant assumes his care, maintenance or education;

(b)  when he is fatherless or motherless, the adopter is his ascendant and the consent of the surviving spouse has been obtained;

(c)  when the marriage between his father and his mother has been annulled or has been dissolved by death or divorce, the adopter is the new consort of one of the parties to the annulled or dissolved marriage, and the consent of the other party to such marriage, if he survives, has been obtained;

(d)  when the care, maintenance or education of the child has not actually been assumed by the father, mother or any other ascendant of such child for more than one year and, in the opinion of the court, it is unlikely that either of them will again take charge of him;

(e)  when his father or mother suffers from a mental illness which renders him or her unfit to care for such child and the child’s future is thereby jeopardized, and the adopter is his ascendant and the consent of the surviving parent capable of giving such consent has been obtained;

(f)  when his father is not the husband of his mother, notwithstanding article 218 of the Civil Code, and the care, maintenance or education of the child has not actually been assumed by the father, mother or any ascendant of such child for at least six months before he was placed for adoption;

(g)  when the Superior Court has declared the father and mother totally deprived of parental authority.

1969, c. 64, s. 7; 1977, c. 20, s. 151.

1977-12-31

7. A legitimate child who is a minor may be adopted in the following cases only:

(a)  when he is both fatherless and motherless and no ascendant assumes his care, maintenance or education;

(b)  when he is fatherless or motherless, the adopter is his ascendant and the consent of the surviving spouse has been obtained;

(c)  when the marriage between his father and his mother has been annulled or has been dissolved by death or divorce, the adopter is the new consort of one of the parties to the annulled or dissolved marriage, and the consent of the other party to such marriage, if he survives, has been obtained;

(d)  when the care, maintenance or education of the child has not actually been assumed by the father, mother or any other ascendant of such child for more than one year and, in the opinion of the court, it is unlikely that either of them will again take charge of him;

(e)  when his father or mother suffers from a mental illness which renders him or her unfit to care for such child and the child’s future is thereby jeopardized, and the adopter is his ascendant and the consent of the surviving parent capable of giving such consent has been obtained;

(f)  when his father is not the husband of his mother, notwithstanding article 218 of the Civil Code, and the care, maintenance or education of the child has not actually been assumed by the father, mother or any ascendant of such child for at least six months before he was placed for adoption.

1969, c. 64, s. 7.