P-34.1, r. 2 - Regulation respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec

Section 7 Disposition versions

2017-06-16

7. A person may be authorized to make adoption arrangements without a certified body if

(1)  the proposed adoption is of a brother, sister, nephew, niece, grandson, grand-daughter, cousin, half brother or half sister of the person or of the person’s spouse, or is of the child of the person’s spouse, including a de facto spouse with whom the person has been living for at least 3 years, provided that neither the person nor the person’s spouse is bound to another person by marriage, civil union or another form of conjugal union that is still valid;

(2)  the proposed adoption is of a child in the care of a competent child protection or adoption authority who is domiciled in a State for which no body has been certified, if

(a)  the prospective adopter is or was a national of the State in which the adoption is being sought; and

(b)  under the law of that State, only a person who is or was a national of that State can adopt a child domiciled in that State; or

(3)  in the opinion of the Minister, owing to exceptional circumstances and for humanitarian considerations, the adoption of a child by the prospective adopter is the measure most likely to ensure the child’s rights are respected owing to any of the following reasons:

(a)  the child is in a situation such that the child’s life or health would be in serious danger if the child were not adopted by the prospective adopter;

(b)  the child has a handicap or biological characteristics that cause the child’s rejection by the community in the child’s State of origin; or

(c)  the child has been placed in the care of the prospective adopter and the prospective adopter has, for 6 consecutive months in the past 2 years in the child’s State of origin, assumed the custody and supervision of the child and has fed and maintained the child and ensured the child’s education because of the parents’ or tutor’s inability to do so.

M.O. 2005-019, s. 7; S.Q. 2017, c. 12, s. 93.

2012-09-01

7. A person may be authorized to make adoption arrangements without a certified body if

(1)  the proposed adoption is of a brother, sister, nephew, niece, grandson, grand-daughter, cousin, half brother or half sister of the person or of the person’s spouse including a de facto spouse with whom the person has been living for at least 3 years, provided that neither the person nor the person’s spouse is bound to another person by marriage, civil union or another form of conjugal union that is still valid;

(2)  the proposed adoption is of a child in the care of a competent child protection or adoption authority who is domiciled in a State for which no body has been certified, if

(a)  the prospective adopter is or was a national of the State in which the adoption is being sought; and

(b)  under the law of that State, only a person who is or was a national of that State can adopt a child domiciled in that State; or

(3)  in the opinion of the Minister, owing to exceptional circumstances and for humanitarian considerations, the adoption of a child by the prospective adopter is the measure most likely to ensure the child’s rights are respected owing to any of the following reasons:

(a)  the child is in a situation such that the child’s life or health would be in serious danger if the child were not adopted by the prospective adopter;

(b)  the child has a handicap or biological characteristics that cause the child’s rejection by the community in the child’s State of origin; or

(c)  the child has been placed in the care of the prospective adopter and the prospective adopter has, for 6 consecutive months in the past 2 years in the child’s State of origin, assumed the custody and supervision of the child and has fed and maintained the child and ensured the child’s education because of the parents’ or tutor’s inability to do so.

M.O. 2005-019, s. 7.