2020 QCCQ 8507, 2020 QCCQ 8507

Adoption — 20295 2020 QCCQ 8507 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 615-43-000266-200 DATE: September 24, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ A , domiciled and residing at […] Applicant and X, born on […], 2009 Child and B , domiciled and residing at […] and C , domiciled and residing at […] Interested parties ______________________________________________________________________ JUDGMENT on an application for order of placement for adoption ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a child are confidential and no information that would allow the child’s parents, tutor or adopters may be published or broadcast, except as required by law (sections 12 to 16 C.C.P. and 582 C.C.Q.). [ 1 ] The Court is seized of an application for an order of placement for adoption with respect to the child X, born on […], 2009. [ 2 ] This application follows special consents to adoption signed by the child’s father, C, the child’s mother, B and the child’s consent. [ 3 ] The applicant, Mr A, is the spouse of the mother Mrs.

B. They have been married since […], 2020, and have lived together as a couple since […] 2018. [ 4 ] The child considers the applicant his father. They have a very close relationship and they do lots of activities together. In fact, the child asked to be adopted by the applicant and to change his name to X. [ 5 ] The biological father has no contact with his son and there is no bond between them. THE LAW [ 6 ]

Article 555 of the Civil Code of Quebec reads as follows: 555. Consent to adoption may be general or special; special consent may be given only in favor 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 favor of 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. [Emphasis added] [ 7 ] The legislator choose to limit the persons in favor of whom a special adoption consent could be given. The applicant is the mother’s spouse and he meets the legal requirement under

article 555 of the Civil Code of Quebec . [ 8 ] The special consent of the interested party, Mr. C, to the adoption of the child, was obtained on […], 2020. [ 9 ] The special consent of the interested party, Mrs. B, was obtained on […], 2020. [ 10 ] No consent has been withdrawn since the date of the signatures. [ 11 ] The applicant fullfiled all the legal requirements to obtain an order of placement for adoption of the child X.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the present application for an order of placement for adoption ; [ 13 ] ORDERS the placement for adoption of the child X, born on […], 2009, at applicant’s home ; [ 14 ] ENTRUSTS the applicant with parental authority over the child X ; [ 15 ] MAINTAINS the parental authority of the interested party, B, over the child X ; [ 16 ] FORMALLY RECOGNIZES that in judicial proceedings the child X will be known and designated under the first and last names X ; [ 17 ] REDUCES from six to three months the period required prior to the presentation of the application for adoption ; [ 18 ] AUTHORIZES the parties to receive a copy of the judgment to be rendered, subject to their undertaking to comply with the legal provisions regarding confidentiality in adoption matters ; [ 19 ] THE WHOLE without costs.

Signed in City A on October 30, 2020 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Odile Adams Attorney for the applicant Mrs. B Representing herself Date of hearing: September 24, 2020