2021 QCCQ 619, 2021 QCCQ 619
Opinion
Adoption — 2124 2021 QCCQ 619 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 650-43-000324-196 DATE: January 6, 2021 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. ______________________________________________________________________ IN THE CASE OF ADOTION OF X Born on […] ______________________________________________________________________ A Adopter-Applicant and THE DIRECTOR OF YOUTH PROTECTION Respondent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ( art. 815.4 C.P.C. et 582 C.C.Q. ). [ 1 ] The Court is presented with an application for adoption of a minor child within the meaning of articles 573 and following of the Civil Code of Quebec [1] . [ 2 ] On January 17, 2020, the Court ordered placement for adoption of the child subject of this application in favor of the applicant. [ 3 ] The female child named X was born under the name of X in Town A on […]. [ 4 ] A is […]-year-old which is at least 18 years older than the child. [ 5 ] The child subject of this application adapted well to her adoptive family. [ 6 ] The applicant has chosen to identify the child by the first and last name of X. [ 7 ] Even though the child’s mother is deceased, it is in the child’s interest to maintain this pre-existing parent-child relationship. [ 8 ] A describes the child as sociable, autonomous for her age, sensitive, curious, smart, respectful and communicative.
She really likes to help those who need it. She communicates well with A and her adoptive siblings. She verbalizes her emotions and seeks the answers to her questions in order to be reassured. Like every other 6-year-old child, X does not always accept «no» for an answer and she has a tendency to test her limits imposed. She often reacts by sulking and then cries in her room. However, A says that there is improvement in this behavior since the rules are consistently applied and adults at home stand together in what they say. [ 9 ] X lives in a family with older siblings.
They are babysitting her when A is not at home. They have a close relationship with her and comfort her when needed. This environment reduces boredom in the occasional absence of the adoptive mother. [ 10 ] The child emotional component is fragile. She often needs to be reassured about the love of her adoptive mother and siblings. As she grows older, she is getting more aware of her biological mother’s death, and shows sadness. A is supporting her without judgment in these emotional times. X considers A as her mother and she trusts that she is there for her. There is no sign of separation anxiety.
She is able to verbalize and receive affection. [ 11 ] Traditional activities are important in the family and the child participates well. She learned how to make traditional bread
(bannock), goes ice fishing, and it is intended that she will be introduced to other activities as she grows older. She spends a lot of time playing outside. [ 12 ] The Tribunal is satisfied that A teaches values that will help the child grow up in a healthy way. She demonstrated good parental skills in order to support, guide and supervise the child, which is encouraging for the girl’s future development.
The Tribunal is satisfied that A can provide a secure, nurturing and loving home for the healthy development of this child. [ 13 ] This application for adoption is in the child’s interest. [ 14 ] The applicant asks for the original documents to be handed to her.
FOR THESE REASONS, THE COURT: GRANTS the application; ORDERS the adoption of the child by the adopter-applicant; GIVES the child the first and last name of X; MAINTAINS pre-existing parent-child relationships between the child and her biological mother, A; ORDERS the clerk of the Court to send the adoption judgment to the Registrar of Civil Status; ORDERS the Registrar of Civil Status to comply with the requirements set by law and to create two birth certificates; AUTHORIZES the Director of Youth Protection to receive a copy of the judgment to be delivered; AUTHORIZES the clerk to emit and to transmit to the applicants a certified copy of the judgment to be delivered; AUTHORIZES the clerk to give the original copy of the documents produced in the file to the applicant once the proceedings are completed.
THE WHOLE without charges. __________________________________ LOUISE GALLANT, J.C.Q. Me Lyne Monger Attorney of the Director of Youth Protection Date of hearing: November 30, 2020
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