2018 QCCQ 9605, 2018 QCCQ 9605

Adoption — 18593 2018 QCCQ 9605 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] CITY OF […] Youth Division No: 540-43-001127-187 DATE: September 27, 2018 ______________________________________________________________________ BY THE HONOURABLE LUCILLE BEAUCHEMIN _____________________________________________________________________ In the situation of the child X, born on […] A Applicant and B Applicant and THE DIRECTOR OF YOUTH PROTECTION A Interested Party ______________________________________________________________________ JUDGMENT FOR RECOGNITION OF AN ADOPTION ORDER MADE IN [COUNTRY A] ______________________________________________________________________ WARNING: 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 (ss. 12 to 16 C.C.P. and 582 C.C.Q .). [ 1 ] The applicants submitted an application to the Court for the recognition of the judgment rendered on January 9, 2018 by the Family Court, judicial district A, in [Country A], which pronounced the adoption by the applicants of the child X, born on […], in Town A, [Country A].

He is the son of C residing in Town A. [ 2 ] After having taken cognizance of the file, the interested party defers to the court as no irregularity was found in the whole adoption process. [ 3 ] The applicants are 43 and 47 years older than the child.

When they adopted the child, they were domiciled in Québec and they still are domiciled in Québec. [ 4 ] The adoption is not subject to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption . [ 5 ] The arrangements for the adoption of the child were made by [organism A] , a body certified by the Minister of Health and Social Services. [ 6 ] Subject to the conditions prescribed by law, the applicants underwent a prior psychosocial assessment by [Social Worker 1] P.S.W., an authorized person, on July 24, 2017.

This assessment concluded that the applicants have the abilities to take care of a child and to respond to his different needs. [ 7 ] The applicants proceeded with the adoption in accordance with the laws in force in the State of the child’s domicile and the rules related to consent and eligibility for adoption for the child have thus been complied with. [ 8 ] The Secretariat for International Adoption supported for the present application. [ 9 ] On April 3, 2018, the child received confirmation of his permanent residence in Canada. He arrived in Canada on May 10, 2018.

Since his arrival in Canada, the child has been living in the home of the applicants and is developing positively.

[ 10 ] The applicants has previously adopted Y, the child’s biological brother. They get along well with each other. The child is adapting well to his new environment. [ 11 ] The Integration Report, dated June 30, 2018, written by [Social Worker 1], P.S.W. concludes, at 4, that the applicants have provided X with a nurturing environment and have been dedicated to understanding his needs. X appears to be a healthy child who is making good progress in the stabilitiy of his adoptive family.

It is therefore recommended that the regular adoption process be continued. [ 12 ] The recognition of the adoption judgment of the child X made in [Country A] on January 9, 2018, is in the child’s best interest. [ 13 ] The application is well founded in fact and law.

THEREFORE, THE COURT: [ 14 ] ALLOWS the application; [ 15 ] RECOGNIZES that the adoption judgment rendered in [Country A] on January 9, 2018, shall have the same effect as an adoption judgment rendered in Québec from the date of the adoption judgment; [ 16 ] AUTHORIZES that the child be named under the given names and surname of X ; [ 17 ] ORDERS the Clerk of the Court of Québec to give notice of this judgment to the Registrar of Civil Status; [ 18 ] ORDERS the Registrar of Civil Status to comply with the prescriptions established by law; [ 19 ] AUTHORIZES the Clerk to issue and transmit to the applicants a certified copy of this judgment; [ 20 ] AUTHORIZES the applicants to withdraw the original attachments on condition that copies or certified copies, if applicable, remain in the file.

SIGNED IN TOWN B November 5, 2018 __________________________________ LUCILLE BEAUCHEMIN, J.C.Q. Mtre. Lisa Leroux Counsel for the interested party Date of hearing: September 27, 2018