2021 QCCQ 7351, 2021 QCCQ 7351

Adoption — 21301 2021 QCCQ 7351 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” N°: 455-43-000236-212 DATE: May 13, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […] A Petitioner -and- B Mis-en-cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a child 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 12 to 16 C.C.P. (CQLR, c.

C- 25.01) and 582 C.C.Q.). [ 1 ] The Court is seized of a motion presented by the Petitioner requesting the placement of the child X born on […], in Town A, province of Quebec, with the Mis-en-cause, in view of her adoption. [ 2 ] The Mis-en-cause, B, is the father of the minor child.

On December 16, 2020, he gave his written consent to the adoption of the minor child by the Petitioner. [ 3 ] The child was born through a surrogate mother agreement. [ 4 ] The minor child is not the genetic child of the woman who gave birth to the child. [ 5 ] The woman who gave birth did not want her name to appear on the birth certificate. [ 6 ] Considering the particular circumstances of this petition, the Tribunal ordered a psychosocial assessment of this adoption project. [ 7 ] The Petitioner and the Mis-en-cause have been married since July 14, 2021.

Although, they have been in a relationship for about 14 years. [ 8 ] The couple has tried to have a child without success until the Petitioner was diagnosed with cancer of the uterus. [ 9 ] They consulted with a fertility clinic where eggs were collected and fertilized.

After this, six embryos were frozen. [ 10 ] Shortly after, the Petitioner was operated on and underwent a hysterectomy. [ 11 ] The extended family supported the couple through these trying times and when it was announced that the Petitioner was in remission, the Mis-en-cause’s sister offered to surrogate for them. [ 12 ] The couple took the time to ponder this generous offer and finally accepted.

[ 13 ] The three consulted the fertility clinic again and the process started. [ 14 ] The couple and the surrogate mother participated in meetings and psychological assessments. [ 15 ] They also manage to obtain the consent from the hospital’ medical committees. [ 16 ] The whole process took about two years before the child was born. [ 17 ] The Director’s psychosocial evaluation is positive for this adoption project. [ 18 ] The report states that the couple has learned about child development and on ways to introduce the child with her birthing story when she comes of age. [ 19 ] They were present every step of the way of the surrogate’s pregnancy and were present at the child’s birth. [ 20 ] The child is now five months old, and demonstrate a normal development and great attachment to her father and the Petitioner. [ 21 ] The Courts have developed principles in the situations regarding adoption based on surrogate contracts. [ 22 ] Although the contract itself is null and void, as per

section 541 of the QCC, the Court of Appeal has decided the adoption process must proceed when it is in the child’s best interest [1] . [ 23 ] The Tribunal appreciates that this adoption project is in the child’s best interest. [ 24 ] The Petitioner and the Mis-en-cause are of the age of majority and are more than 18 years older than the child. [ 25 ] The minor child is not already the subject of a motion, action or judgment before the Court of Quebec. [ 26 ] The Petitioner requests that the filiation ties between the minor child and the Mis-en-cause be maintained. [ 27 ] The Petitioner request that the Court takes act that the child shall use the surname and names of X, until such time as a final judgment of adoption is granted. [ 28 ] There are no other proceedings, undertakings, Court orders in any Court, both civil and criminal, wherein the Petitioner has appeared before, pertaining to any criminal investigation and/or criminal accusation against her. [ 29 ] There were criminal proceedings against the Mis-en-cause, in 2005, for growing marijuana and in 2007 for possession of stolen goods for which he has served his sentence.

The Mis-en-cause has requested a pardon from the federal authorities for these offences. [ 30 ] Since 2007, there have been no other proceedings, undertakings, Court orders in any Court, both civil and criminal, against the Mis-en-cause. [ 31 ] CONSIDERING the prescribed consent has been validly given and since then a period of 30 days has elapsed; [ 32 ] CONSIDERING that the conditions of the placement for the purpose of adoption have been fulfilled; [ 33 ] CONSIDERING the jurisprudence of the Court of Appeal; [ 34 ] CONSIDERING the positive psychosocial assessment of the Director of Youth protection; [ 35 ] CONSIDERING the interests of the child and respect of his rights; FOR ALL THESE MOTIVES, THE COURT: GRANTS the present motion; ORDERS the placement of the said child, X , born on […], with the Petitioner; DECLARES the parental authority with respect to the said child, X be vested with the Petitioner, A, and the Mis-en-cause, B, until such time as the final order of adoption shall have been granted and in the interim, TAKES ACT that the child shall be designated under the surname and names of X; MAINTAINS the filiation ties between the minor child, X and the Mis-en-cause, B; DECLARES further that the Petitioner, A and the Mis-en-cause B shall be entitled to obtain for the said child all benefits to which they are entitled by law in virtue of their parental authority; REDUCES the delay of placement to three months, considering the time the child has already lived with the applicants-adopters before the petition; ORDERS the Court of Quebec to notify the Director of Youth Protection of a true copy of the present judgment; AUTHORIZES the applicants-adopters to receive a true copy of the present judgment after the child’s original name has been removed; THE WHOLE without costs.

__________________________________ PASCALE BERARDINO, J.C.Q. M e Doreen Browm Counsel for the Petitioner and the Mis-en-cause M e Pascale Gauthier For the DPY Hearing date: May 13, 2021 Exhibits: MI-1 Date of the written judgment: July 28, 2021