2019 QCCQ 7294, 2019 QCCQ 7294

Adoption — 19429 2019 QCCQ 7294 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 610-43-000086-146 DATE: Oral Decision: October 17, 2019 Written decision: October 24, 2019 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ CONCERNING: X, Born on […], 2009 ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […]; Co-Petitioner -and- A, domiciled and residing at […]; Co-Petitioner -and- B, domiciled and residing at […]; Co-Petitioner ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a chid are confidential and no information that would allow the identification of the child, his parents, his tutor or the adopters may be published or broadcast, except as required by law (sections 815.4 C.C.P. and 582 C.C.Q.). [ 1 ] The child X was born on […], 2009, in City A, [Province A], as it appears from the birth certificate. [ 2 ] The Court of Québec, Youth Division, was seized of the child’s situation, and the child was subsequently the subject of numerous protection judgements. [ 3 ] Since February 6, 2009, the child has been living with A and B. [ 4 ] A, B and the child live in City B, [Province A]. [ 5 ] On July 28, 2009, the child was entrusted to A and B until her age of majority and the exercise of certain attributes of parental authority, as educational activities and health care, were withdrawn from the parents and granted to A and B. [ 6 ] On March 12, 2015, the child was declared eligible for adoption, as it appears from the Confirmation of a Declaration of Eligibility for Adoption. [ 7 ] The judgment declaring the child eligible for adoption designated the Director of Youth Protection to exercise parental authority over the child. [ 8 ] Since A and B live in another province, the Convention on Protection of Children and Co-operation in Respect of Intercounty Adoption (hereinafter the “Convention”) applies to the remaining steps of the adoption process. [ 9 ] The Convention applies to the child’s situation, since she was habitually resident in Quebec and was moved to [Province A] (Section 2 of the Convention). [ 10 ] The Convention was ratified by Canada in 1996, and it came into force in Québec in 2006 through an Act to Implement the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (R.S.Q.

chapter M-35.1.3 , hereinafter “the

Implementation Act ”). [ 11 ] The Implementation Act designates the Quebec central authority as Le Ministre de la Santé et des Services Sociaux (Section 2, Implementation Act), who is represented in this domain by the Secrétariat à l’adoption international (SAI). [ 12 ] The Convention and the Implementation Act set out the following procedural requirements: STEP 1: The convention obliges the future adoptive parent to contact the central authority of their state (Section 14, Convention), in this case [Province A]; STEP 2: The [Province A] central authority then receives the adoptive parents, evaluates them as to their suitability, and counsels them (section 5, Convention); STEP 3: The [Province A] central authority then prepares a report and transmits it to the central authority of the state of origin, in this case Quebec (section 15, Convention); STEP 4: Once the Quebec central authority receives the report, it confirms to the central authority of [Province A] that the child is adoptable, confirms the adoption by the adoptive parents is in the child’s best interest, and transmits any available report that includes information about the child’s history (section 16, Convention); STEP 5: The [Province A] central authority receives the information report, approves the decision to entrust the child to the adoptive parents, confirms that the child is or will be authorized to enter and reside permanently in their State, and agrees that the adoption may proceed (section 17, Convention); STEP 6: The Quebec central authority ensures that the adoptive parent agree with the adoption plan, verifies the approval of the central authority of [Province A] to pursue the adoption plan, and verifies that the child is or will be authorized to enter and reside permanently in [Province A] (section 17, Convention); STEP 7: After the exchange of information and approvals are completed, the Quebec central authority ensures that the competent court issues and order granting parental authority to the adoptive parent and authorizing the transfer of the child to [Province A] with a view to adoption (section 7, Implementation Act); STEP 8: After the transfer and subsequent judicial proceedings to complete the remaining steps of the adoption process, the central authority of [Province A] confirms to the Quebec central authority that the final adoption has occurred (section 20, Convention and

section 8, Implementation Act); [ 13 ] Steps 1 to 4 have been properly completed as it appears from the letter prepared by the SAI dated July 19, 2019, which declares that the child is adoptable and that this adoption by the adoptive parents is in the child’s best interest. [ 14 ] Step 5 has been properly completed as it appears from the letter prepared by the [Center A] on January 30 th , 2019, who approved the decision to entrust the child to the adoptive parents and agreed that the adoption may proceed. [ 15 ] Step 6 has been properly completed as it appears from the Attestation and Agreement prepared by the SAI on July 20, 2019, that confirm that the required conditions for adoption have been met. [ 16 ] Step 7 began with the letter prepared by the SAI on July 20, 2019, in which it is requested that steps be taken to ensure that the competent court issues an order authorizing the transfer of the child to [Province A] with a view to adoption. [ 17 ] The second aspect of step 7 is the specific object of the present Application. [ 18 ] The present Application includes a request for an order granting parental authority to A and B. [ 19 ] The present Application also includes a request for an order to authorize the transfer of the child to [Province A] with a view to adoption by A and B. [ 20 ] A and B testify that both of them are committed to pursuing the adoption plan for the child. [ 21 ] It is in the child’s best interest and in respect of her rights that an order be issued to authorize her transfer out of Quebec for the purpose of her adoption by A and B of [Province A], as it appears in the Report written by [Social Worker 1] on December 10, 2018.

CONSEQUENTLY, THE COURT: [ 22 ] GRANTS the Application; [ 23 ] CONFERS the exercise of parental authority of X, born on […], 2009, to A and B; [ 24 ] AUTHORIZES the transfer of X outside of Quebec for the purpose of her adoption by A and B in [Province A]; [ 25 ] THE WHOLE without costs. __________________________________ MARC E. GRIMARD, J.C.Q.

M e Flore Tardif Council for the Applicant M e Dominic Simard Council for the child Date of hearing: October 17, 2019