2019 QCCQ 7721, 2019 QCCQ 7721

Adoption — 19460 2019 QCCQ 7721 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” No : 650-43-000317-182 DATE : December 10, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE NATHALIE AUBRY, J.C.Q. ______________________________________________________________________ In the situation of the child: X , born on […] A , residing and domiciled at [...] Applicant and B , deceased on […] and C , residing and domiciled at [...] Defendants and DIRECTOR OF YOUTH PROTECTION , having a place of business at [...] and COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , having a place of business at [...] Interested persons ______________________________________________________________________

JUDGMENT ON APPLICATION FOR THE PLACEMENT OF A MINOR CHILD IN A VIEW FOR ADOPTION ______________________________________________________________________ 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. and 582 C.C.Q.). [ 1 ] The Court is presented with an application for the placement of a minor child in a view for adoption. [ 2 ] The child was born on […], in Town A (Quebec), district A [1] . [ 3 ] On November 20, 2018, the Honourable Louise Gallant issued a judgment declaring the child eligible for adoption [2] . [ 4 ] B, the child’s biological mother, passed away on […] [3] . [ 5 ] C, the child’s biological father [4] , never took care of the child and is not involved in his life. [ 6 ] The applicant is the maternal grandmother of the child.

She is 49 years old and thus more than 18 years older than the child [5] . [ 7 ] The applicant has been taken care of the child since he was a newborn baby, with the consent of the parents. [ 8 ] Therefore, the applicant is the only real mother the child has known since his birth and the applicant supplies all his needs. [ 9 ] The applicant’s lawyer also asks the Court to reduce the delay before filing the adoption’s application from six months to three months. [ 10 ] At the hearing, the Director of Youth Protection’s lawyer consented to the application and the child’s lawyer did not provide any comment. [ 11 ] After assessing the situation, the Courts finds that the applicant meets all the criteria for this application and concludes that the application is in the child’s best interest and is well founded in fact and in law. [ 12 ] Therefore, the Court grants the application for the placement of the child in a view for adoption.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for the placement of a minor child in a view for adoption; [ 14 ] ORDERS the placement of the child, X, born on […], with the applicant, A, in a view to adoption; [ 15 ] CONFERS the exercise of the parental authority to the applicant, A, over the child; [ 16 ] MAINTAINS the parental authority of C, the father of the child, following the prescriptions of the Civil Code of Quebec ; [ 17 ] ACKNOWLEDGES that the child will be known and referred by the first names “X” et the lasts names “X”, for the duration of this order of placement; [ 18 ] GRANTS the request to reduce the required time period before filing an application for adoption from six to three months; [ 19 ] AUTHORIZES the bailiff of the Court of Quebec – Youth Division to forward a certified copy of this judgment to all parties; [ 20 ] THE WHOLE , without costs. __________________________________ NATHALIE AUBRY, J.C.Q.

Mrs. Marie-Josée Bernier Counsel for the applicant Mrs. Chantal Gaudreau Counsel for the child Mrs. Lyne Monger Counsel for the Director of Youth Protection Hearing date : October 23, 2019