2013 QCCQ 14855, 2013 QCCQ 14855

Adoption — 13272 2013 QCCQ 14855 JM2174 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division»

N°: 505-43-002432-134 DATE : July 24, 2013 ______________________________________________________________________ BY THE HONOURABLE: NANCY MOREAU ______________________________________________________________________ IN THE SITUATION OF: X Born on […] 1967 A Petitioner - and - X - and - B - and - C - and - D Impleaded party ______________________________________________________________________ J U D G M E N T ______________________________________________________________________ WARNING : The Youth Protection Act, forbids the publishing or broadcasting of information allowing for a child or the child's parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine. [sections 11.2.1 and 135 Y.P.A .] [ 1 ] The Court is seized by a Motion for adoption of a adult person in virtue of

article 545 of the Quebec Civil Code . [ 2 ] This request is presented by M. A in regards to X , born in the State A on […], 1967 and having reached her majority.

[ 3 ] The person of full age subject to this adoption, X is the daughter of B and E. Following the divorce of her parents pronounced on November 2, 1973, the biological father disappeared and has never been implicated in his daughter's life. He died on May 18, 2004. [ 4 ] The mother, B and the adult concerned by this procedure, X consent to the adoption. They both wish that the maternal bond of filiation be maintained. [ 5 ] The petitioner has lived with the mother and the adult to be adopted since the she was two or three years old.

He has acted as a father figure with her since then, at all levels, and well into her adulthood. [ 6 ] It is clear from the testimony of X that she loves Mr. A. He has been for her a significant parental figure and they share a very tight bond. Mr. A was a good father, a counselor, a confidant and a person of reference. [ 7 ] The proof reveals that the petitioner, Mr. A, has answered all the needs of X . He considers her as his daughter. [ 8 ] The person of full age subject to this adoption, X, wishes that her name be modified in order to reflect her reality.

She would like to be named X . [ 9 ] The adult is the mother of two daughters born in Town A, one of which was born on […], 1990 and the other on […], 1994. During their testimony, they both described the declarant as a very good grand-father that took care of them and accompanied them in their life. It is with great emotion that they state their feelings for him. [ 10 ] FOR THESE REASONS, THE COURT : [ 11 ] GRANTS the motion; [ 12 ] DECLARES the adoption of X in favor of Mr.

A; [ 13 ] ACKNOWLEDGES the continuation of the bond of filiation between X and her mother B; [ 14 ] ALLOWS that the adopted person of full age, use the name of X and the first names of X ; [ 15 ] ORDERS that the clerk of this Court notify the Registrar of Civil Status of the judgment to be rendered in order that a new birth certificate be substituted for the person of full age concerned by the present motion and mention the substitution entered in the said original act. Therefore, il will be registered that Mrs. X is the daughter of Mrs. B and Mr.

A; [ 16 ] ORDERS that in regards to this judgment, the clerk of this Court notify the Registrar of Civil Status that the person subject of this judgment Mrs.

X has two daughters, and that their birth certificate should be amended to ensure filiation; [ 17 ] The mother's children's names are: • C, born on […], 1990; • D, born on […], 1994. [ 18 ] AUTHORIZES that the exhibits deposited as: R-1, R-2, R-3, R-4, R-6, R-7 and R-9 be retreive from the Court file and given back to the applicant; [ 19 ] ORDERS that the Court keep a certified copy in the legal file; [ 20 ] THE WHOLE WITHOUT COST. ________________________________ Nancy Moreau, J.C.Q. M e Chantal Crevier, notaire For the petitioner