2022 QCCQ 10747, 2022 QCCQ 10747

Adoption — 22570 2022 QCCQ 10747 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 614-43-000015-220 DATE: November 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ A -and- B Applicants - and - The Director of Youth Protection Mis-en-cause ______________________________________________________________________ JUDGEMENT ON APPLICATION FOR PLACEMENT OF A CHILD IN A VIEW FOR ADOPTION ______________________________________________________________________ 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 (section 582 C.C.Q.). [ 1 ] In 2016, the applicants had talked to one of their friends, Mr.

C, about their intentions to adopt a child. Mr. C and his wife had already adopted a girl two years prior. [ 2 ] In December 2016, Mr. C contacted the applicants informing them that his daughter’s biological mother was looking for a good family to give a child in adoption. She was due to give birth in [...] 2017. [ 3 ] On February 23, 2017, the applicants were introduced to the child. The hospital had been informed by the biological mother that they were going to adopt the child.

The applicants have been caring for the child since. [ 4 ] In June 2022, the mother signed a consent, before two witnesses, for the child to be adopted by the applicants. The mother did not retract her consent. [ 5 ] Today, the applicants are seizing the Tribunal with an Application for placement of a child in a view for adoption. As the mother signed a Special consent, the Director of Youth Protection had not been involved with the child’s situation. [ 6 ]

Article 555 of the Quebec Civil Code states the following: Consent to adoption may be general or special; special consent may be given only in favour of an ascendant of the child, a relative in the collateral line to the third degree or the spouse of that ascendant or relative; it may also be given in favour or the spouse of the father or mother. However, in the case of de facto spouses, they must have been cohabiting for at least three years. [ 7 ] The applicants are not related to the biological mother. The mother could not have consented to her child’s adoption in their favour.

Consequently, the special consent dated June 2022 is nul. FOR THESE REASONS, THE COURT: [ 8 ] DISMISSES the application for placement of a child in a view for adoption.

__________________________________ François Ste-Marie, J.C.Q. Written and signed on January 6, 2023 /cd Mtre Nelligan O’brien Payne Counsel for the applicants