International adoption without a certified body

Although the Civil Code of Québec provides that procedures for the adoption of a child domiciled outside Quebec must be carried out through a certified body, the Minister of Health and Social Services may, in certain specific circumstances, authorize an adoption applicant to carry out these procedures without a certified body.

The adoptions covered by this exception are set out in the Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec.

They are mainly:

• intra‑family adoptions;
• the adoption of a child domiciled in a State of origin which allows only nationals of that State to undertake an international adoption and the prospective adopter is a national;
• the adoption of a child domiciled in a province or territory of Canada who has been placed in the care of a competent public child protection or adoption authority in that province or territory.

It is essential that the authorization to undertake the adoption procedures be obtained from the SASIE before applying to the child’s State of origin for them to be valid. Fees will be charged to adoption applicants at several stages of the process.

The steps to complete to adopt internationally without an accredited body are as follows:

1. Have the admissibility of the adoption plan verified;
2. Complete the online preparatory training program;
3. Apply for authorization to undergo a psychosocial assessment;
4. Undergo the psychosocial assessment;
5. Obtain authorization to make adoption arrangements and the terms and conditions of the procedure;
6. Obtain the adopted child’s adoption and immigration decision;
7. Have the adoption recognized in Quebec and the child’s status recognized in Canada.

A person who wishes to undertake an international adoption must submit their plan to the Secrétariat aux services internationales à l’enfant (SASIE) of the Ministère de la Santé et des Services sociaux in order to verify its admissibility in accordance with the Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec and with the legal provisions applicable in Quebec and in the child’s State of origin.

They must use the form provided. Once the application has been examined, the person is informed of the decision.

Training to prepare for the adoption of a child domiciled outside Quebec is free and takes place entirely online. It is mandatory for anyone domiciled in Quebec who wishes to undertake an international adoption. To obtain their certificate of participation, the person must complete the nine modules consisting of reading material, activities, questionnaires and audio and video clips.

To access the training, go to the section Before the adoption - Preparing for adoption.

The person must fill out the form provided by the SASIE and return it to the SASIE with all the documents requested, including the certificate demonstrating that the preparatory training has been completed.

Once the application for authorization to undergo a psychosocial assessment has been approved by the SASIE, the person receives a confirmation letter authorizing them to contact the Direction de la protection de la jeunesse of the CISSS or CIUSSS in the territory where they live to undergo a psychosocial assessment and, where required by the country, a psychological assessment. The recommendation following these assessments must be positive for the adoption process to go forward.

Once a positive recommendation has been received following the psychosocial assessment, the person may be authorized by the SASIE to start making arrangements. They are responsible for compiling the file that will be sent to the child’s State of origin. They will have to obtain several official documents. The requirements are not the same from country to country. The terms and conditions of the adoption procedure also vary depending on the country, the child’s State of origin and the characteristics of the plan authorized. The SASIE will inform the applicant of the procedure to follow. It is important to respect each of the terms and conditions to ensure the arrangements comply with the requirements.

After obtaining the decision, the person must send several documents to the SASIE. The SASIE will ensure the arrangements comply with the requirements before issuing the document required by the immigration authorities to allow the child to enter Canada.

If the 1993 Hague Convention is not in force in the adopted child’s State of origin, the person must file an application with the Youth Division of the Court of Québec in their judicial district to have the adoption decision recognized in Quebec. In accordance with the Civil Code of Québec and the Youth Protection Act, the Minister may ask the Director of Youth Protection to intervene to regularize the child’s situation. Ignoring this step could have consequences for the adopted child, even at the age of majority. When the child arrives in Canada with permanent residency, it will also be necessary to consider applying for citizenship to ensure a stable status.