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Who can adopt in Québec?
- Applicants must
be at least 25 years of age and have Canadian citizenship
or landed immigrant status.
- Applicants can be single, married, in
a civil union or a common law relationship (same sex couples
are permitted)
Do I need a home study to adopt
in Québec?
Yes. All prospective adoptive parents, whether they choose
local adoption or international, must have a 'psychosocial
evaluation' (home study) completed in Québec. The psychosocial
evaluation requires families to meet with a licensed worker
several times. Topics of discussion will include the personal
history of each person in the family, the marital relationship
(if applicable), financial status, views on parenting and
adoption as well as the type of child that will fit well within
the family.
Can an open adoption be arranged
in Québec?
Yes, but open adoptions are not legally
authorized in Québec. Adoptions are to be confidential in
Québec but this is not always possible especially in the case
of a foster situation where the foster parents often meet
with the birth family for them to have visits with the child.
There are also some cases where informal agreements are made
between birth parents and the adoptive or foster parents so
that the child can stay connected in some form with his/her
biological family.
Who must give consent for an adoption in Québec?
Normally, both biological parents must consent
to an adoption in Québec unless their parental rights have
been terminated by the Court. However, the consent of only
one biological parent will suffice in the following circumstances:
- Only the one parent’s name appears
on the 'act of birth'.
- The other parent is deceased.
- The other parent is unable to express
his/her will.
- The other parent is totally deprived
by the superior court of his/her parental authority.
Consents must be given in writing before
two witnesses. Also, a child, if between the ages of 10 to
13, must be consulted about the adoption but their consent
is not mandatory. A child 14 years and older must provide
his/her consent in Québec.
Can adoption consents be withdrawn?
Yes. A person who has consented to a child's adoption may
withdraw their consent no later than 30 days after the consent
was given. This revocation must be in writing and it must
be signed by two witnesses. The child must then be returned
to the person withdrawing his/her consent.
What about the rights of birth fathers
in Québec?
In Québec, a birth father is required to give consent
to an adoption. However, when a father is not named on the
'act of birth', the Director of Youth Protection (DYP) is
required to investigate this further with the birth mother.
If the birth father is identified, the DYP must attempt to
contact him in order to verify the child's paternity and acquire
his consent to the adoption.
Can prospective
adoptive parents advertise their desire to adopt in Québec?
No. The Québecois are not allowed
to publish advertisements seeking a birth mother in their
own province. Prospective adoptive parents who live in Québec
can advertise outside of the province.
Can an agency
or adoptive family help with a birth parent’s expenses?
No. It is illegal to give or receive or even offer to give
or receive payment to procure a child in Canada.
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