2017 QCCQ 8305, 2017 QCCQ 8305
Opinion
Adoption — 17108 2017 QCCQ 8305 JR1585 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division» N° : 505-43-002617-171 DATE : March 22 nd , 2017 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MÉLANIE ROY J.C.Q. ______________________________________________________________________ In the situation of : X Born on […], 2017 -and- A Applicant -and- B -and- C Mises en cause ______________________________________________________________________ ORDER OF PLACEMENT WITH A VIEW TO ADOPTION
Section 566 of the Civil Code of Québec ______________________________________________________________________ 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 C.C.P. and 582 C.C.Q.) [ 1 ] The Applicant requests the placement of a child of male sex, named X , born on […], 2017, in City A, Québec, with a view to adoption. [ 2 ] The Applicant is the partner of the child’s father. [ 3 ] The couple was never able to conceive a child, therefore, C offered them to carry their child by using B’ sperm and A’s egg. [ 4 ] C has been A’s friend for many years.
She was not paid by the couple except for medical expenses. [ 5 ] On […] 2017, C gave birth to twins. [ 6 ] C’s and B’ names appear on the child’s birth certificate.
[ 7 ] On February 4 th 2017, C and B both signed a special consent for adoption in favor of A. [ 8 ] The special consent to adopt the child has been validly given, conforming to the provisions of the Civil Code of Québec and it has been more than thirty (30) days since it was signed. [ 9 ] The child has been living with B and A since he has left the hospital. [ 10 ] Considering that the conditions of the placement of the child for his adoption by the Applicant have been duly fulfilled; [ 11 ] Considering the interests of the child and the respect of his rights; FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] ORDERS that the child, X , born on […], 2017, be placed at the Applicant’s home with a view to his adoption; [ 14 ] GRANTS the exercise of parental authority over the child to the Applicant, A; [ 15 ] MAINTAINS the parental authority of the mise en cause, the child’s father, over the child in accordance with the provisions of the Civil Code of Québec ; [ 16 ] ORDERS the Registrar of the Court of Québec to provide the Applicant’s lawyer with a complete copy of the judgment; [ 17 ] THE WHOLE , without costs. ________________________________ Mélanie Roy, J.C.Q.
M e Doreen Brown Attorney for the Applicant
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