2019 QCCQ 8429, 2019 QCCQ 8429
Opinion
Adoption — 19546 2019 QCCQ 8429 JO0366 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Court Division N°: 525-43-007730-191 Date: September 4 th , 2019 PRESIDED BY: THE HONOURABLE ANNE-MARIE OTIS, Q.C.J.
In the case of: X Born on […] A -and- B Petitioners -and- The Director of Youth Protection of the Centre intégré universitaire de santé et services sociaux A Mise-en-cause JUDGMENT FOR RECOGNITION OF AN ADOPTION JUDGMENT DELIVERED OUTSIDE QUEBEC 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. [section 815.4 Code of civil procedure of Quebec and 582 Civil Code of Quebec ] [ 1 ] The Court is seized of an Application for recognition of an adoption judgment rendered on March 13 th , 2019, in [Country A], by the [Country A] Family Court concerning the child, X, born on […]; [ 2 ] In accordance with
section 825.6 of the Code of Civil Procedure, the Applicants have filed a certified copy of the adoption judgment rendered outside Quebec, as well as the Adoption Act in force in MP-5 and MP-6; [ 3 ] At the time of the adoption in 2018, the Applicants were domiciled in Quebec and they are still at the time of the filing of the present Application; [ 4 ] The Director of Youth Protection of the Centre intégré universitaire de santé et services sociaux A has received copy of the Application filed with the Court; [ 5 ] Prior to the adoption judgment granted in [Country A] on November 30 th , 2018, concerning the child X, the Applicants have undergone a psychosocial assessment by Mrs.
Laura Johnston, a member of the Corporation professionnelle des psychologues du Québec and this assessment establishes the capacity of the adopters to meet the physical, psychological and social needs of the child; [ 6 ] Furthermore, the Applicants have consulted the Minister of Health and Social Services through the Secrétariat à l’adoption internationale which has concluded to the regularity of the procedure and has agreed to the entrance of the child in Quebec; [ 7 ] In conformity with
section 574 of the Quebec Civil Code , the Court has ascertained that the rules respecting the eligibility for adoption of the child, subject of the present Application, have been observed;
[ 8 ] Having weighed the documentary proof and heard the Applicants, the Court considers that the evidence gives rise to the conclusions sought.
CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the Application; [ 10 ] RECOGNIZES the adoption judgment rendered to the [Country A] on March 13 th , 2019 shall have the same effect as an adoption judgment rendered in Quebec from the date of the adoption judgment rendered outside Quebec; [ 11 ] AUTHORIZES the child be named under the given name and surnames of X ; [ 12 ] ORDERS the Clerk of the Court to give notice of the judgment to the Registrar of Civil Status; [ 13 ] ORDERS the Registrar of Civil Status to comply with the prescriptions established by Law; [ 14 ] AUTHORIZES the Clerk to issue and transmit to the petitioners a certified copy of the judgment pronounced herein; [ 15 ] AUTHORIZES the petitioners to withdraw the original attachments in condition that certified copies remain in the file except for the pieces R-13: Family relation and Consent to Adoption documents which must remain confidential and MP-3: Original child birth certificate.
Signed on September 4 th , 2019 Anne-Marie Otis, Q.C.J. AMO/ce
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