Me Pierre-Luc Giroux
A partner at Verreau Dufresne Avocats, Pierre-Luc Giroux focuses his practice on family law, youth protection and the law of persons. Drawing on his litigation experience and his human approach, he supports parents, children and families with rigour, empathy and strategic insight to defend their rights and find solutions suited to their circumstances.
View profileBook an appointmentWhen we think of adoption, the adoption of a minor child is usually what comes to mind first. In Quebec, however, it is also possible to apply to adopt a person of full age if certain criteria set out in the law are met. Our family lawyers in Québec City and Lévis explain how it works.
The criteria for adopting an adult
To adopt an adult in Quebec, the person who wants to adopt the adult (the adopter) and the adult in question (the adoptee) must meet certain criteria.
Criteria for the adopter
- The adopter must be at least 18 years older than the adoptee, unless the adoptee is the child of the adopter’s spouse;
- The adopter must consent to the adoption;
- The adopter must have acted as a parent to the adoptee while the adoptee was a minor; in other words, there must have been a “de facto adoption.”
“De facto adoption” means that the adopter took charge of raising the adult when they were a minor, economically, physically, morally and psychologically. Under this criterion, the adopter must show that they fulfilled parental obligations toward the adoptee and that the birth parents did not, or clearly withdrew from their role. However, the adopter does not need to have played this parental role throughout the adoptee’s entire childhood.
Do you have questions? Our lawyers have answers.
Did you know that the death of the adopter does not prevent the adoption of an adult if, before their death, the adopter had completed and filed an application that meets the criteria set out in the law?
The adult’s interest
For the adoptee, the law sets out one decisive criterion: the adoption must be in the adult’s best interest. This is the most important, overriding criterion, because it requires the court to exercise its judicial discretion.
The court has discretion to refuse the adoption of an adult even when the legal requirements are met, if it finds that granting the application is not in the adult’s interest.
Conversely, the court can also grant an application for adoption even if certain other conditions are not met, if the adult’s interest requires it. The court could set aside the “de facto adoption” criterion described above for reasons of attachment, feelings and identity needs.
Example: An adult is the subject of an application for adoption by his mother’s spouse, with whom he has lived for four years. The family is a blended family with six children in total, one of whom was born of the couple’s union. The spouse has acted as a parent to the child, but only since the child turned 17.
Although the “de facto adoption” criterion is not met, since the adopter did not take charge of raising the adult while he was a minor, the court finds that it is in the adult child’s interest to set this requirement aside, in particular because, of the six children, he is the only one without a legal father: the spouse had adopted the mother’s two other minor children.
Do you see yourself in this situation? Do you have questions about your situation?
Contact one of our family lawyers today.
The court’s analysis
The court must examine whether the application is well-founded, whether it is serious, and the interest of the person concerned. These are assessed in particular by the quality, length and permanence of the relationship between the adopter and the adult.
The court must also assess the motivation for the adoption and the effect sought, applying a standard of reasonableness. The primary purpose of the adoption must be to “give the adult a filiation through which they can identify themselves and thrive” (our translation).
This criterion therefore allows the court to refuse applications whose sole purpose is to obtain an advantage. For example, the courts have dismissed applications for adoption in the following situations:
An adult wants to be adopted by the couple who cared for them as a foster family during their teenage years. However, the application is motivated by the adult’s wish to cut ties with their biological mother and deprive her of her status as a grandmother.
The application of an adult who wants to repudiate a parent. The judge noted that it is not up to the adult to choose their filiation, since the purpose of adoption is not to choose the parent who suits them best.
Is your situation different from the ones above, and do you want to know whether you qualify as an adopter or an adoptee? Consult our family lawyers in Québec City or Lévis today. We are one of the few law firms in Quebec with expertise in adult adoption, and we can certainly guide and support you through the process.
The adult’s consent to the adoption
For the adoption of an adult to be valid, the adult must give written consent before two witnesses. Except in special cases, the refusal of a child aged 14 or older prevents the adoption.
In some situations, the adoption of an adult can be granted even without consent. This may be the case, for example, if the adult is legally incapable of giving consent but it is in their interest to be adopted.
Note that, unlike the adoption of a minor child, the adoption of an adult does not require the parents’ consent. Likewise, the consent of the adopter and the adoptee alone is not decisive, since the court must examine all of the criteria.
The legal consequences of adoption
Adoption necessarily has legal consequences, both for the adopted adult and for the adopter.
Filiation
When an adoption is granted, a new filiation is established between the adoptee and the adopter, which replaces the pre-existing filiation. The bond between the child and their birth parent or parents is “replaced,” releasing each of them from their duties toward the other. The adult child then ceases to belong to their family of origin.
However, the rights and obligations the child had toward their birth parents do not simply disappear; they are redirected to the adoptive parent or parents. In other words, filiation, whether established by blood or by adoption, creates the same rights and obligations for the child toward their parents and vice versa.
Note: “Filiation” refers to the legal parent-child relationship that connects a child to their parents. Most often, filiation is established by blood (the biological link).
Other consequences
Adoption can also have other consequences, for example regarding succession in the family of origin or inheritance from an adopter.
The framework presented here is general, but there are exceptions and very specific situations that call for a closer look (for example, adoption outside Quebec, or the status of an adopted Indigenous adult child). Consult our family lawyers in Québec City and Lévis to learn more.
Contact us
Are you considering adoption? Whether you are applying as the adopter or as the adoptee, contact our team of family lawyers now to get the right legal help.
In particular, our lawyers can:
- Answer your questions about adopting an adult in Quebec;
- Analyze your situation and the options available to you;
- Draft your application for adoption and file it with the competent court;
- Guide and support you through the process of adopting an adult;
- Prepare your file for the court hearing;
- Represent you in court.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
