Marie from Chomedy asks us if it is possible for her husband of 18 years, Fred, to adopt her son, Steven, born from a previous relationship, even though Steven is now 20 years old, and she wants to know: what are the steps to obtain the adoption?
Marie explains to us that her son Steven has had no relationship with his biological father for the last 18 years.
The Civil Code of Quebec provides, in Article 545, that an adult can only be adopted by the persons who filled the role of parent (in loco parentis) during the years of their minority. In the case of Marie, her husband Fred has been a part of her Steven’s life since his childhood and therefore, Fred can present an application to adopt Steven.
The application for adoption is made by the person wanting to adopt, or by the adoptee. The application for adoption is served on the biological parents of the adoptee, and the biological parents of the adoptee sign a special consent to the adoption that is also filed into the court record along with the application for adoption. In case that the adoptee is married, the application is also served on the spouse of the adoptee and any of his children who are over the age of 14, if necessary
The application for adoption of an adult is presented before a judge presiding in the Court of Quebec’s Youth Division, and this, despite the fact that the adoptee is over 18 years old. The judge will review the file and verify that the necessary criteria are met and that the adoptee also consents to the adoption.
Once the judgment of adoption is rendered, the filiation is changed and the adoptee may even ask the court to change his or her last name to be the same as that of his or her adopted parent.
Gianina Fuschini, Attorney-at-Law
Alepin Gauthier Avocats inc.