2021 QCCQ 8412, 2021 QCCQ 8412

Adoption — 21336 2021 QCCQ 8412 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] (Youth Division) No: 105-43-000154-218 DATE: August, 24 th , 2021 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on […] X Applicant - and - A Adopting Applicant - and - THE DIRECTOR OF YOUTH PROTECTION OF THE CENTRE INTÉGRÉ DE SANTÉ ET DE SERVICES SOCIAUX A Interested Person JUDGMENT ON ORIGINATING APPLICATION FOR PLACEMENT OF A MINOR CHILD FOR THE PURPOSE OF HIS 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 applicants seizes the Court with an originating application for placement for the purpose of adoption.

The Court is very surprised to see that both the applicant and the adopting applicant are represented by the same lawyer. However, in this particular case, the Court considers that the interest of both parties are the same. [ 2 ] The child was declared judicially eligible for adoption on September 3 rd , 2020 by Justice Janick Poirier, C.Q. No one appealed from that judgment. [ 3 ] X has been living with the adopting applicant since he was born and she always had the intention to adopt him.

Due to different issues, the proceedings were not written before. [ 4 ] The child wants to be adopted by the adopting applicant and he duly signed a consent to that effect. He explains that his home is with her as it has always been. [ 5 ] The child had a lot of health issues that are taken care of by the adopting applicant and his health has greatly improved. The child’s attendance to school can be poor at times but he is committed to finishing his high school education and has goals he would like to pursue. [ 6 ] According to

Section 579 of the Civil Code of Quebec , an agreement can be signed to facilitate the exchange of information or to facilitate interpersonal relationships. No such agreement was signed concerning the child. He has 10 sibblings and he has contacts and visits them when he chooses. [ 7 ] The child wants to be called X. The adopting applicant wants to change her last name for X which is X in [language A] but it is not changed yet. A child can only bear the surname of his father or of his mother or a combination of both. The Court cannot assign to the child another surname.

The child can be named X but his surname has to be X, that name being the only one of the adopting applicant. [ 8 ] The Court ascertains that the conditions for adoption have been complied with.

FOR THOSE REASONS, THE COURT : [ 9 ] ORDERS the placement, for the purpose of his adoption, of the child X, born on […], with A; [ 10 ] GRANTS the parental authority over the child X to the A during this placement for purpose of adoption judgement; [ 11 ] TAKES ACT that during the procedures, the child X will be known and designated under the name and surname of X; [ 12 ] ALLOWS the child X to exercise his civil rights under the name and surname of X; [ 13 ] AUTHORISES the parties to receive a copy of this judgment, subject to their commitment to comply with legislative dispositions regarding confidentiality in adoption matters.

Signed on August, 24 th , 2021 ANDRÉE ST-PIERRE, JCQ Me Isabelle Gagnon gagnon claveau, avocats Lawyer for the Applicant and Adopting Applicant Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Date of hearing: August 4 th , 2021