Private adoption: legal definition and example
Definition
Private adoption refers to an adoption that does not go through the youth protection system (Banque mixte) but is based on the special consent of the parents in favour of a specific person, usually a relative, a spouse of a parent or a person close to the child. In Quebec, special consent may only be given in favour of a relative within the third degree, the spouse of that relative or the spouse of the father or mother. Every adoption requires a court judgment, in the best interests of the child.
Example
A child’s mother marries a person who has raised the child since infancy. With the consent of the father, the spouse files an application for adoption; the court grants the adoption after an assessment.
Legal references
- Civil Code of Québec, arts. 543 ff. (adoption) and 555 (special consent).
- Youth Protection Act, ss. 71 ff.
