Legal framework for international adoption

The process of adopting a child domiciled outside Quebec, whether in another country or another province or territory of Canada, commonly referred to as “international adoption”, is governed by law. Thus, the process must comply with the rules established at the following three levels:

• international;
• provincial;
• country of origin.

This treaty was adopted by the United Nations General Assembly on November 20, 1989. Quebec ratified it in December 1991. This international legal instrument aims to recognize and protect the rights of children.

For more information, see the text of the Convention on the Rights of the Child.

Also known as the Hague Convention of May 29, 1993, this convention protects children and their families from the risks of illegal, irregular, premature or ill‑prepared adoptions abroad by establishing a legal framework for adoption. Thus it reinforces the 1989 Convention on the Rights of the Child (s. 21).

The Hague Convention of May 29, 1993 aims to ensure that international adoptions are organized in the best interests of the child. It ensures that the fundamental rights of children are respected and that the abduction, sale and trafficking of children are prevented. The Convention is applied through a system of national central authorities that establish relations between countries.

The 1993 Convention came into force in Quebec on February 1, 2006.

For more information, see the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

Adoption is under provincial and territorial jurisdiction. It is governed in Quebec by seven legal texts.

The Act states that the Hague Convention of May 29, 1993 has force of law in Quebec.

It appoints the Minister of Health and Social Services as the central authority to implement the Convention. The Secrétariat aux services internationaux à l’enfant carries out the tasks of the central authority on behalf of the Minister of Health and Social Services.

The Act also aims to integrate the Convention into Quebec law and to clarify the terms of its application by proposing amendments to the Civil Code of Québec, the Code of Civil Procedure of Québec and the Youth Protection Act.

For more information, see the Act to implement the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.

The Civil Code of Québec establishes the conditions for a person domiciled in Quebec to adopt a child domiciled outside Quebec:

1. be of full age (s. 546);
2. be 18 years older than the adopted child (s. 547).

Furthermore, the Civil Code of Québec stipulates that:

1. the adoption procedures must be carried out by a certified body (s. 564) except for the situations provided for in the Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec;
2. the adopter must undergo a psychosocial assessment (s. 563);
3. all adoptions that take effect in Quebec result in the dissolution of the previous bond of filiation and create a new one that replaces it (ss. 565.1 and 577); consents to adoption must have been given to that effect (s. 565.1). These are full adoptions, that is, the child ceases to belong to their family of origin (s. 577 and 577.1);
4. the adoption of a child domiciled outside Quebec must be granted either abroad or judicially in Quebec. A decision granted in Quebec is preceded by a placement order. A decision granted abroad must be recognized by the court in Quebec, unless the adoption has been certified by the competent authority of the State where it took place as having taken place in accordance with the Convention on Protection of Children and Co‑operation in Respect of Intercountry Adoption (ss. 565 to 576);
5. the judicial and administrative files relating to the adoption of a child are confidential. No information contained in them may be revealed except as required by law (ss. 582 and 584);
6. the adopted child may want to obtain information about their background or take steps to find their biological family (ss. 583‑584).

For more information, see the Civil Code of Québec.

According to the Code of Civil Procedure, the Youth Division of the Court of Québec has jurisdiction to decide adoption matters.

The procedure followed is set out in the Code of Civil Procedure.

According to the Youth Protection Act, the Minister of Health and Social Services intervenes in all cases of adoption of a child domiciled outside Quebec. The Secrétariat aux services internationales à l’enfant acts on its behalf.

When a child is proposed to an adopter, the adoption process may not proceed unless the Minister has certified in writing that he knows of no grounds for objection to the adoption (s. 71.8).

The Act provides for penalties when a breach of the law is committed during an adoption (s. 135 to 135.2).

The psychosocial assessment is carried out by the Director of Youth Protection or a person designated by the Director, in accordance with the Act.

In the event that the child is domiciled in a State where the Hague Convention of May 29, 1993 is not in force, and provided that State pronounces an adoption decision, the psychosocial assessment may also be carried out in a private practice by a member of the Ordre des psychologues du Québec or the Ordre des travailleurs sociaux et thérapeutes conjugaux et familiaux du Québec (s. 71.7).

For more information, see the Youth Protection Act.

The Minister of Health and Social Services is responsible for retaining adoption files and responding to requests for research into family and medical antecedents and reunions (s. 71.4).

The adopted person, the adoptive parent and the biological parent may submit a request for a summary of the antecedents or for a reunion under the conditions set out in the Civil Code of Québec (ss. 583 and 584) and the Youth Protection Act (71.13 to 71.15).

This regulation sets out the conditions for certification of international adoption bodies.

For more information, see the Regulation respecting the certification of intercountry adoption bodies.

This regulation sets out the conditions under which an adoption plan may be authorized in advance when the adoption arrangements are made without a certified body. It details the terms and conditions in this situation.

For more information, see the Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec.

Quebec has put mandatory training in place for people who are interested in undertaking an international adoption in order to inform them, raise their awareness of the realities of international adoption and support them in deciding whether or not to undertake such a plan.

Since August 10, 2023, the Regulation respecting training prior to adopting a child domiciled outside Québec makes this training mandatory for anyone who wants to undertake an adoption. A certificate of participation is issued. This new obligation is consistent with the commitment of the Ministère de la Santé et des Services sociaux to protect children.

The rules relating to the child’s consent and adoptability, i.e., whether the child can be adopted or not, are the responsibility of the child’s country of origin. Some foreign legal systems prohibit adoption.

Where the foreign competent authorities have established conditions for adopters, these criteria, where applicable, are in addition to the conditions set out in the Civil Code of Québec.