2023 QCCQ 5362, 2023 QCCQ 5362
Opinion
Adoption — 23297 2023 QCCQ 5362 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division» N° : 505-43-002854-220 DATE : May 16, 2023 ______________________________________________________________________ PRESIDED BY : JUSTICE MARIO GERVAIS J.C.Q. ______________________________________________________________________ In the situation of : X Born on […], 2017 A Applicant -and- B Interested person C Defendant ______________________________________________________________________ ORDER OF PLACEMENT WITH A VIEW TO ADOPTION
Section 566 of the Civil Code of Québec ______________________________________________________________________ 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 Applicant presents an application for the placement of a child named X, born on […], 2017, without recognition of the pre-existing bond of the paternal filiation; [ 2 ] B and C are the parents of the child concerned by this application as it appears on the birth certificate of the child (P-1). [ 3 ] Since their separation in 2017, B the mother has the custody of the child and the father had access rights that he has ceased to exercise on July 1, 2019.
C has not seen nor communicated with the child since then. [ 4 ] On May 2, 2022 a judgment was rendered by Superior Court withdrawing the exercise of the attribute of parental authority from the father, stating that he has abandoned his daughter (P-2). [ 5 ] The Applicant and the mother B live together since 2019. [ 6 ] The Applicant has been acting as a father to the child since 2019, and the child considers him her father. [ 7 ] CONSIDERING that the conditions of the placement of the child for his adoption by the Applicant have been duly fulfilled;
[ 8 ] CONSIDERING the time that the child has lived with the Applicant prior to this order; [ 9 ] CONSIDERING the testimony of the Applicant, indicating his deep desire to complete the adoption project; [ 10 ] CONSIDERING the interests of the child and the respect of her rights; FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] ORDERS that the child, X , born on […], 2017, be placed at the Applicant’s home in view to her adoption, without recognition of the pre-existing bond of the paternal filiation; [ 13 ] GRANTS the exercise of parental authority over the child to the Applicant, A ; [ 14 ] MAINTAINS the parental authority of the child’s mother, B , over the child in accordance with the provisions of the Civil Code of Québec ; [ 15 ] ORDERS that the child be designated under the surname and given names of X; [ 16 ] AUTHORIZES the court clerk to deliver a copy of the present judgment to the attorney of the Applicant, and to the mother of the child; [ 17 ] THE WHOLE , without costs. ________________________________ Mario Gervais, J.C.Q.
M e Sophia Claude Attorney for the applicant Judgment signed on: May 18, 2023
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