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- Act respecting adoptions of children domiciled in the People’s Republic of China
Table of contents
Updated to 1 February 2006
This document has official status.
Act respecting adoptions of children domiciled in the People’s Republic of China
ADOPTIONS OF CHILDREN DOMICILED IN THE PEOPLE’S REPUBLIC OF CHINA
The Act respecting adoptions of children domiciled in the People’s Republic of China (chapter A-7.01) ceased to have effect on 1 February 2006, except as regards proposed adoptions approved by the Court of Québec before that date (1992, c. 41, s. 6; 2004, c. 3, s. 31; Order in Council 3-2006 dated 10 January 2006, (2006) 138 G.O. 2, 569).
Every person domiciled in Québec who wishes to adopt a child domiciled in the People’s Republic of China shall, before travelling to that State, undergo a psychosocial assessment made in accordance with the conditions prescribed by the Youth Protection Act (chapter P-34.1). He shall also, by motion, obtain the approval of the Court of Québec for the proposed adoption.
The Court shall approve the proposed adoption if the psychosocial assessment enables it to consider the adopter apt to meet the physical, psychological and social needs of a child. The judgment of the Court is equivalent to an adoption judgment rendered in Québec, provided the clerk issues a certificate of the registration of the adoption pursuant to section 3.
1992, c. 41, s. 1
The adoption of a child effected in the People’s Republic of China must be registered with the Court of Québec.
The adopter requesting the registration of the adoption must, in his application, refer to the judgment by which approval for the proposed adoption was granted.
He must also include the following documents with his application:
the notarized certificate evidencing the adoption, established in accordance with the law of the People’s Republic of China;
the child’s birth certificate;
the child’s bill of health.
1992, c. 41, s. 2
The clerk of the Court of Québec shall give the adopter a certificate of the registration he has made in the record of the Court.
The certificate attests that the conditions of the adoption have been satisfied and indicates the name chosen for the adopted child by the adopter.
1992, c. 41, s. 3
The adoption has effect in Québec from the time adoptive filiation was established in the People’s Republic of China.
1992, c. 41, s. 4
Adoptions already effected in the People’s Republic of China on the day on which this Act comes into force may be registered with the Court by the clerk, upon application by the adopter, who shall include with his application the notarized certificate evidencing the adoption, established in accordance with the law of the People’s Republic of China and, if they are in his possession, the child’s birth certificate and bill of health.
1992, c. 41, s. 5
This Act shall cease to have effect on the day of the coming into force, in the People’s Republic of China and in Québec, of an agreement respecting the international adoption of children which is binding on that State and on Québec or when adoptions between China and Québec become subject to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
1992, c. 41, s. 6
2004, c. 3, s. 31
1992, c. 41, s. 7
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 41 of the statutes of 1992, in force on 1 March 1993, is repealed, except section 7, effective from the coming into force of chapter A-7.01 of the Revised Statutes.
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