Adoption – Via youth protection

In Quebec, adoption is a common path for couples facing infertility or significant pregnancy-related risks.  

Interestingly, adopting a child from a foreign country is often a more straightforward process than adopting within Quebec.  

To qualify for adoption, certain conditions must be satisfied. The adoption must be deemed in the best interest of the child, and an attorney may advocate for the child's interests throughout the adoption process. Consent from children aged ten and older is required, although a judge can override their refusal if it serves the child's best interest. However, if a child aged fourteen or older rejects adoption, it becomes an impossibility. While biological parents' consent is generally necessary, exceptions can be granted in cases of abandonment or if a judge has terminated parental rights.  

Prospective adopters must be adults and at least eighteen years older than the child, with an exception for cases where the child is the spouse's child, where three years of cohabitation meet the criteria.  

Before commencing adoption proceedings, prospective adopters must undergo a psychosocial evaluation. Quebec has two adoption banks: the regular bank, which caters to young orphans or those offered for adoption at birth, and the mixed bank, dealing with children removed by the Youth Protection Directorate due to various reasons, such as mistreatment, parental incapacity, abandonment, and others. Adopting a child from the regular bank often entails several years of waiting. 

Despite complexities, the province emphasizes the best interests of the child. The dual adoption banks cater to infants and children removed from difficult circumstances, showcasing Quebec's commitment to providing caring homes.  

Overall, the adoption landscape in Quebec reflects a compassionate and thorough approach, prioritizing the well-being of children and offering a meaningful path to expanding families. 

Me Samar Ait Bentaleb, Attorney-at-Law 

Alepin Gauthier Avocats inc. 

This column contains general legal information and should not replace legal advice from a lawyer or notary who will consider the specifics of your situation.