Adoption in Québec

In Québec, integrated health and social services centres offering protection services and rehabilitation for youths in trouble of adaptation and their families are responsible for adoption services. Depending on the region, these services are provided by either the integrated health and social services centres (CISSS) or the integrated university health and social services centres (CIUSSS).

Persons considering placing a child up for adoption must contact the CISSS or CIUSSS in their region. Parents or tutors who want to initiate this process can obtain information from an adoption worker. These workers can also provide counsel.

Adoption is a last-resort child protection measure. Above all, it provides the child with a new family in which he or she will receive the care and love necessary for his or her development. Adoption also helps fulfil the legitimate wish of responsible adults who want to start a family or expand their existing one.

All adoption projects must focus on 3 fundamental elements:

• The child’s needs
• The child’s interests
• The child’s rights

From a legal perspective, adoption results in severance of the original bond of filiation, or parental bond that exists between the child and her or his parent. Thus, when an adoption judgement is rendered, the parent of origin no longer has rights, responsibilities or obligations toward the child.

An adoption project can always be carried out on a completely confidential basis. However, if it is in the interest of the child, the law makes it possible to recognize preexisting bonds of filiation by providing access to:

• Original first and last names of the adopted child
• Original first and last names of the biological parents

Although this possibility also takes away the parent of origin’s rights, responsibilities and obligations toward the child, it allows the adopted child to know and keep original bonds of filiation

Adoption options

Québec adults who want to adopt a child can do so:

• In Québec
• In another Canadian province
• Abroad

Adopting a child who lives in Québec is managed by the Director of Youth Protection (DYP).

Adopting a child who lives in another Canadian province or abroad is done through the Secrétariat à l’adoption internationale .

Adopting children born in Québec

In Québec, the following children can be adopted:

• Orphaned children
• Abandoned children or children of parents who don’t fulfil their parental responsibilities
• Children whose parents voluntarily relinquished their parental rights

Adoption is done through the CISSS or CIUSSS providing protection and rehabilitation services for youths in trouble of adaptation and their families. The adoption services can find these children a family from those who have been screened to become adoptive families.

• Regular adoption occurs when the child’s parents of origin or tutor consent to the adoption.
• Adoption under the Banque mixte program involves children who are at great risk of being abandoned and have been entrusted to a foster family by the DYP in order to be adopted. Under certain conditions stipulated in the Civil Code of Québec, these children may be declared eligible for adoption by the court.

Steps leading to adoption

Adopting a child who resides in Québec involves the following steps:

1. Registering with CISSS or CIUSSS adoption services

   If you want to adopt a child born in Québec or abroad, you must register with CISSS or CIUSSS adoption services in your region. To find contact information for the adoption services in your region, go to the CISSS and CIUSSS Offering Protection and Rehabilitation Services for Youths in Trouble of Adaptation Contact Information section.

2. Attending an information session

   CISSS or CIUSSS adoption services invites registered persons to an information session in order to:

   • Explain the legal issues relating to regular adoption and those concerning adoption under the Banque mixte program
   • Describe the characteristics of adoptions with or without recognition of preexisting bonds of filiation
   • Answer questions
   • Help with decision making regarding type of adoption to consider

   At certain branches, this information session is held over the telephone.

3. Conducting a psychosocial assessment of persons wishing to adopt a child

   Persons wishing to adopt a child must undergo a psychosocial assessment conducted by the DYP. The assessment helps determine whether these individuals have the capacity to accommodate a child and provide him or her with an environment that meets his or her needs.

4. Pairing a child with prospective adoptive parents who could meet his or her needs

   Adoption services select an adoptive family and then pairs the child with the family. It then requests that the court order the placement of the child with that family for adoption.
   
   If the parents of origin have signed a consent to the adoption, their child is considered eligible for adoption. If not, it is up to the court to decide if the child is eligible for adoption. 
   
   If it is in the child’s interest, adoptive parents and biological family members important to the child can enter into an agreement to facilitate disclosure of information or interpersonal relationships. If the child is 10 years of age or over, the child must consent to it and may put an end to it at any time.
    
   The DYP offers support services to persons wishing to enter into an agreement until an order of placement is made. 

5. Placing a child with adoptive parents following a court order

   Once a declaration of eligibility for adoption has been granted, the DYP asks the court for an order of placement for the purposes of an adoption, that is, that the child will be placed with the adoptive family. 
   
   After usually 6 months, the court grants the adoption with or without recognition of a preexisting bond of filiation.

6. Adoption judgment

   The adoption judgment:

   • Permanently transfers parental authority to the adoptive parents
   • Creates a new bond of filiation by making official the type of adoption (with or without recognition of a preexisting bond of filiations)
   • Gives the adopted child and his or her adoptive parents the same rights and obligations as those derived from original filiation

• Adoption 
  Monitoring child abuse (in French)
• Adopting a Child in Québec 
  Éducaloi
• Secrétariat à l’adoption internationale