A-7 - Adoption Act

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter A-7

Adoption Act

Repealed, 1980, c. 39, s. 60.

1980, c. 39, s. 60.

DIVISION I DEFINITIONS

1. In this act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “recognized adoption society” : any adoption society recognized in accordance with section 12;

(b)  “court” : the Youth Court;

(c)  “regulation” : any regulation made by the Government under this act;

(d)  “Minister” : the Minister of Social Affairs.

1969, c. 64, s. 1; 1970, c. 42, s. 17; 1977, c. 20, s. 138.

DIVISION II CASES IN WHICH ADOPTION MAY TAKE PLACE

2. No adoption shall take place except on the conditions prescribed by this act; it shall not be granted except in the interests of the child.

1969, c. 64, s. 2.

3. Only the following persons may adopt a child:

(a)  consorts living together;

(b)  the new consort of the father or mother of a legitimate child;

(c)  consorts judicially or de facto separate as to bed and board, or one of them, if they have adopted the child de facto prior to their separation;

(d)  an unmarried person, provided that the child is of the same sex as such person.

Nevertheless, the court may grant the adoption notwithstanding the difference in sex between the adopted child and the adopter if the latter is the father or mother or another ascendant of the child or if such adopter is a widow or widower who had already adopted the child de facto before the death of his or her consort.

1969, c. 64, s. 3.

4. The adopter must be at least eighteen years older than the adopted child unless the latter is his child or the child of his consort, or unless the court decides to dispense with such requirement.

1969, c. 64, s. 4.

5. The adopter or one of the adopting consorts must profess the same religious faith as the adopted child.

Nevertheless, the court may dispense with such requirement if the child has already been adopted de facto by the adopter.

The first paragraph shall not apply when the child does not belong to any religion or is a member of a religious denomination which does not require the adopter and the adopted child to be of the same faith.

1969, c. 64, s. 5.

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

(a)  with the consent of the father and mother if they both actually assume the care, maintenance or education of the child; otherwise with the consent of that parent who actually assumes his care, maintenance or education, or with the consent of either in other cases;

(b)  when the care, maintenance or education of the child has not actually been assumed by the father or mother or any other ascendant of such child for at least six months before such child was placed for adoption;

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

1969, c. 64, s. 6; 1977, c. 20, s. 150.

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.

8. A person of full age may be adopted only by those persons who have fed, maintained and brought him up as their own child before his coming of age.

1969, c. 64, s. 8.

9. No adoption shall take place except with the consent of the child, if he is ten years of age or over, unless he is ignorant of his de facto adoption and his usual behaviour towards the adopter may be interpreted by the court as tacit consent; nevertheless, when a child under fourteen years of age refuses to give his consent, the court may defer the adoption for such period of time as it indicates, or grant the adoption notwithstanding the refusal.

1969, c. 64, s. 9.

10. Nor shall the adoption take place except with the consent of the tutor or curator of the child, if there is one, and that of the recognized adoption society which last had charge of the child in the event that the father and mother of the child are unknown or have abandoned it.

1969, c. 64, s. 10.

11. Any consent given under the preceding sections shall be in writing; it shall be valid notwithstanding the minority of the person giving it.

1969, c. 64, s. 11.

DIVISION III ADOPTION SOCIETIES AND PLACING FOR ADOPTION

12. The Minister may recognize, for the purposes of this act, any adoption society which complies with the regulations.

1969, c. 64, s. 12.

13. Any recognized adoption society may, under the authority of the Minister, take charge of abandoned children and place for adoption those children who may be adopted under this act.

It must proceed with the assessment of any person applying to adopt a child domiciled or resident in or outside Québec, to the extent that the Minister has determined that there are children available for adoption.

The Minister shall determine whether children domiciled or resident outside Québec are available for adoption, taking into account the goals specified by the Minister of Cultural Communities and Immigration under subparagraph h of the fourth paragraph of section 3 of the Act respecting the Ministère des Communautés culturelles et de l’Immigration (chapter M-23.1).

1969, c. 64, s. 13; 1979, c. 17, s. 1; 1981, c. 9, s. 7.

14. No motion for adoption shall be granted unless the child concerned has been placed for adoption in accordance with this Division and has lived with the adopter for at least six months before the date on which the motion is presented to the court.

1969, c. 64, s. 14.

15. No child shall be placed for adoption except with a person who wishes to adopt him and who may adopt him under this act.

1969, c. 64, s. 15.

16. A child whose adoption is permitted under this act shall not be placed for adoption except by a recognized adoption society.

However, provided that prior written notice thereof is given to the Minister, such placement may be effected by a person other than a recognized adoption society, in the following cases:

(a)  the applicant is an ascendant or a collateral relative within the third degree of the adopted child, or is the consort of such ascendant or relative;

(b)  the applicant is the consort of the father or mother of the adopted child;

(c)  the placement is effected through a government, a department or a body acting in conformity with an agreement or covenant contemplated in section 37.1, and an assessment has been effected in conformity with section 13.

Nevertheless, failure to give such notice shall not prevent the court from granting the adoption later, provided that a written report by a recognized adoption society establishes to the satisfaction of the court that no serious disadvantage has resulted therefrom.

1969, c. 64, s. 16; 1979, c. 17, s. 2.

17. From the date on which a child is placed for adoption in accordance with this Division, his father, mother, ascendants or tutor shall not obtain the custody of the child without the authorization of the court.

When the child has been placed for adoption by recognized adoption society, notice of every request to obtain custody of the child shall be given to such adoption society.

1969, c. 64, s. 17.

DIVISION IV MOTION FOR ADOPTION

18. The application for adoption shall be made by the adopter by way of motion addressed to the court of the district of his domicile or, if the applicant is not domiciled in Québec, to the court of the child’s domicile.

The motion may also be presented to the court of the district of the recognized adoption society which immediately previously had charge of the child.

1969, c. 64, s. 18.

19. An adopting minor has the capacity to present the motion for adoption without being authorized or assisted.

1969, c. 64, s. 19.

20. If the applicant is married, his consort shall join in the motion, except in the case contemplated in sub-paragraph c of the first paragraph of section 3 and in the case of legal incapacity.

1969, c. 64, s. 20.

21. When a consent required under this act has not been produced with the motion, a notice of at least ten days shall be served upon the person whose consent is lacking, to appear before the court to give his consent on the date and at the hour indicated in the notice.

The service shall be effected in the manner prescribed by the Code of Civil Procedure.

1969, c. 64, s. 21.

22. The court, if it sees fit, may order that the notice provided for in section 21 be served upon any other person whom it indicates.

It may also require any other consent which it deems necessary.

1969, c. 64, s. 22.

23. If, after the service provided for in sections 21 and 22, any person whose consent is required fails to appear, or if he appears and does not oppose the adoption, or if he unjustifiably refuses his consent, the court may dispense with his consent.

1969, c. 64, s. 23.

24. The motion may contain a family name and given names for the adopted child, together with the names of a godfather and a godmother.

1969, c. 64, s. 24.

25. No adoption shall be granted unless a written report by a recognized adoption society has been filed. Such report shall decide as to the qualifications and aptitudes required of the adopter for the suitable upbringing of the child, and as to the manner in which the child has been treated by the adopter and his family.

The court may require such other proof as it deems necessary.

1969, c. 64, s. 25.

26. Motions for adoption shall be presented and examined at the hearing or in chambers, but in any event, incamera.

1969, c. 64, s. 26.

27. The judgment dismissing the motion for adoption shall not be a bar to a new application based on new facts.

1969, c. 64, s. 27.

28. No duty or fee shall be payable into the public funds on the proceedings contemplated in this act.

1969, c. 64, s. 28.

29. The clerk of the court shall send, free of charge, to the adoption society which furnished the report contemplated in section 25, a copy of the judgment granting or refusing the adoption, and to the Minister a notice of any judgment rendered under this act.

1969, c. 64, s. 29.

30. The illegitimacy of the adopted child shall in no case be mentioned in the record of the motion, the judgment, or the registers of the court; but the judgment shall indicate the date and place of his birth, if they can be established, and, where applicable, the date of his baptism and the names of the godfather and godmother.

In the cases contemplated in sections 17, 21 and 22, the court shall take the necessary steps to ensure that persons claiming custody of a child, or whose consent is required for the adoption of a child, do not come face to face with the adopters, and cannot identify them or be identified by them.

1969, c. 64, s. 30.

31. The records of the court, the archives of the adoption societies and the documents sent to the Minister shall be confidential.

However, on the motion of a person who establishes an interest compatible with the best interests of the adopted child, the court which rendered the judgment of adoption may authorize him, by a written judgment filed in the record, to consult the records of the court and, if need be, to obtain extracts therefrom.

1969, c. 64, s. 31.

DIVISION V REGISTERS OF CIVIL STATUS

32. The clerk of the court or any recognized adoption society indicated by the court shall send a certificate of the judgment of adoption, drawn up according to Form I of the schedule, to the depositary of the duplicate register of civil status kept by the religious community to which the adopter or one of the adopting consorts belongs, or to the depositary of the duplicate register kept under article 53a of the Civil Code, at the place indicated in the judgment.

1969, c. 64, s. 32.

33. When the adopter is domiciled outside Québec, the certificate of the judgment of adoption shall be sent to the place where the recognized adoption society which produced the report contemplated in section 25 is situated.

1969, c. 64, s. 33.

34. The depositary of the duplicate register shall immediately transcribe therein the certificate of the judgment of adoption and inscribe in the margin, at the date of birth of the adopted child, his family name and given names, together with a reference to the year and the page containing the transcription of the certificate.

1969, c. 64, s. 34.

35. The certificate so transcribed shall be equivalent to an act of civil status and shall annul the previous act of birth of the adopted child.

1969, c. 64, s. 35.

36. The clerk of the court or the recognized adoption society indicated by the court must also forward a document, drawn up according to Form 2 of the schedule, to the depositary of the duplicate register where the act of birth of the adopted child or a certificate of the judgment of a previous adoption was recorded.

Such document shall be transcribed forthwith in the margin of the act of birth of the adopted child or of the certificate of the previous judgment of adoption.

When the adopted child was born in another province or in a foreign country, a copy of the judgment of adoption shall be sent to the registrar of the province concerned or, in the case of a foreign country, to the Minister of Justice of Québec, who shall send it through diplomatic channels to the officer performing duties in such foreign country which are equivalent to those of the general registrar of a province.

1969, c. 64, s. 36; 1969, c. 26, s. 115.

37. The depositary of the duplicate register shall send without delay a copy, certified by him, of the marginal notes which he has inscribed in the register in accordance with section 34, to the prothonotary of the Superior Court of the district, who shall immediately insert them in the appropriate place in the register deposited in the archives.

He shall also send a copy of such notes to the Minister of Social Affairs.

1969, c. 64, s. 37; 1970, c. 42, s. 17.

DIVISION V.1 ADOPTION OF CHILDREN DOMICILED OR RESIDENT OUTSIDE QUÉBEC

1979, c. 17, s. 3.

37.1. The Minister may sign, in conformity with the law, an agreement with another government or any department or body thereof for the application of this act.

The Minister may further, for the application of this act, make a covenant with any other body whose main object is the protection of children’s rights, the promotion of their interests and the improvement of their living conditions.

1979, c. 17, s. 3.

37.2. Only a government, a department or a body acting in conformity with an agreement or covenant contemplated in section 37.1 may act as an intermediary to have a child who is domiciled or resident outside Québec placed for adoption in Québec.

1979, c. 17, s. 3.

DIVISION V.2 FINANCIAL ASSISTANCE

1979, c. 17, s. 3.

37.3. The Minister may, in the cases and in accordance with the criteria, terms and conditions provided for by regulation, grant an adopter financial assistance to facilitate the adoption of a child.

1979, c. 17, s. 3.

DIVISION VI EFFECTS OF ADOPTION

38. From the date of the judgment granting the adoption:

(a)  the adopted child shall become, in all respects and with respect to all persons, the legitimate child of the adopter and that of his consort if the latter joined in the motion for adoption;

(b)  the adopted child shall legally have the family name and given names which are assigned to him by the court in the judgment of adoption;

(c)  the parents, tutor or guardians of the adopted child shall lose the rights and shall be discharged from the duties regarding such child established by law, saving, where applicable, the obligation to render an account.

1969, c. 64, s. 38.

39. On receiving an application for the certificate of birth of an adopted child, the depositary of the register of civil status shall furnish a certificate drawn up according to Form 3 of the schedule.

However, in the case of adoption by the new consort of the father or mother of a legitimate or adopted child, the depositary shall draw up the certificate according to Form 4 of the schedule.

1969, c. 64, s. 39.

40. When a second application for adoption is granted, all the legal consequences of the first judgment of adoption shall cease, save with respect to the interest the child may have in the property which devolved to him during the first adoption.

1969, c. 64, s. 40.

DIVISION VII REGULATIONS

41. The Government may make regulations respecting:

(a)  the conditions required of any adoption society wishing to be recognized by the Minister, the conditions which it must fulfil and the information which it must give;

(b)  the internal management and administration of the affairs of recognized adoption societies;

(c)  the accounting and audit of the books of recognized adoption societies, the reports and statistics which they must furnish and the registers which they must keep;

(d)  the care to be given to children who are in the custody of recognized adoption societies or who have been placed for adoption, and the supervision to be exercised over them;

(e)  the form and tenor of every notice to be given under this act and the delay within which it is to be given;

(f)   the cases where the Minister may grant financial assistance provided for by section 37.3 and the criteria he must respect to determine its extent and the terms and conditions of such assistance, and the formalities to be complied with by the adopter benefiting thereby;

(g)  any other matter required for the carrying out of this act.

The regulations made under this section shall come into force on the date of their publication in the Gazette officielle du Québec or on such later date as may be fixed therein.

1969, c. 64, s. 41; 1979, c. 17, s. 4.

DIVISION VIII FINAL PROVISIONS

42. Whoever knowingly infringes any provision of this act respecting the confidential nature of any proceeding or any record of adoption, or violates the secrecy of such proceeding or record, is guilty of an offence and liable, on summary proceeding, in addition to payment of the costs, to a fine not exceeding $1,000 or to imprisonment for not more than one year or to both penalties together.

1969, c. 64, s. 42.

43. Any person who, contrary to section 16, places a child for adoption or fails to notify the Minister, is guilty of an offence and liable, on summary proceeding, in addition to payment of the costs, to a fine not exceeding $500 or, in default of payment, to imprisonment for not more than three months, in the case of a individual, or to a fine not exceeding $1 000 in the case of a corporation.

For every subsequent offence, the maximum of the fine and penalty provided for in the preceding paragraph is increased to $1 000 and six months in the case of an individual and $2 000 in the case of a corporation.

1969, c. 64, s. 43; 1979, c. 17, s. 5.

44. Any person other than a recognized adoption society who gives or receives, or agrees to give or receive, directly or indirectly, a payment, benefit or reward to obtain or procure the adoption of a child or to procure a child for any person or to contribute towards his being placed for adoption, is guilty of an offence and liable, on summary proceeding, in addition to payment of the costs, to a fine not exceeding $2,500 or to imprisonment for not more than two years, or to both penalties together.

This section shall not apply when a person related or allied to a child pays or agrees to pay sums of money for the care, maintenance or education of such child to the adopter or to any person with whom the child is placed for adoption.

1969, c. 64, s. 44.

45. The Minister of Social Affairs shall have charge of the carrying out of this act.

1969, c. 64, s. 48; 1970, c. 42, s. 17.

46. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 64 of the annual statutes of 1969, in force on 31 December 1977, is repealed, except sections 47 and 49, effective from the coming into force of chapter A-7 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 37-2 of chapter 64 of the annual statutes of 1969, in force on 31 December 1981, is repealed effective from the coming into force of the updating to 31 December 1981 of chapter A-7 of the Revised Statutes.

This act will be repealed by the coming into force of section 60 of chapter 39 of the annual statutes of 1980, on the date fixed by proclamation of the Government.