Although adoption procedures most often involve minors, article 545 of the Civil Code of Québec[1] also provides for the possibility of adopting an adult.
However, certain conditions must be met.
De facto adoption during minority
The first paragraph of article 545 of the Civil Code of Québec[2] first provides that an adult can only be adopted by persons who acted as parents to them during their minority. Only individuals who have undertaken the “economic, physical, moral, and psychological care of the education [of the adult during their minority and who have factually exercised] all obligations related to the parental role”[3] may adopt them. This is what is known as “de facto adoption” during minority.
Furthermore, the adoption can only take place if the biological parents did not “assume their parental responsibilities during the child’s minority”[4]. There must therefore be a lack of interest or abandonment by the biological parents during the minority for the adoption procedure to proceed[5].
Best interests of the adult
Before granting the adoption of an adult, the courts must also verify if it is in their best interest[6].
The interest of the adult will be evaluated using a subjective approach, thus giving discretionary power to the trial judge[7]. Nevertheless, the Quebec Court of Appeal reminds us in the ruling Droit de la famille — 2015 that “the prevailing factor, in the evaluation of motivation and the sought-after effect, will reside in the quality and duration of the relationship between the adopters and the adult, which will constitute valuable indicators likely to enlighten the court regarding the interest of the adoptee”[8]. Therefore, if the adult maintains a deep and lasting relationship with those who wish to adopt them, it will be a good indicator that it is in their interest to proceed.
Absence of de facto adoption during minority
Despite the above, is it possible to adopt an adult without having cared for them during their minority? Paragraph 2 of article 545 of the Civil Code of Québec[9] answers this question in the affirmative, but only if, once again, it is in the latter’s best interest.
For informational purposes, this would be the case for a person who arrived in Canada during their adulthood and was taken in by a man who protected them from certain individuals with harmful personalities[10].
One question remains, however: is it possible for an adult adopted during their minority to be re-adopted by their biological parents by making a request based on article 545 of the Civil Code of Québec[11]? Author Alain Roy is of the opinion that this is a possibility, provided that “the child [was] unable to develop true parental relationships with their adoptive parent during their minority and thereafter”[12]. In such a scenario, the courts could thus bypass the condition of “de facto adoption.”
[1] Civil Code of Québec, CQLR, c. CCQ-1990 (hereinafter “C.C.Q.”), art. 545.
[2] Id.
[3] Alain ROY, Droit de l’adoption : adoption interne et internationale, 2nd ed., Montreal, Wilson & Lafleur, 2010, par. 20.
[4] Id.
[5] Id.
[6] Id., par. 21.
[7] Droit de la famille — 2015, [1994] R.J.Q. 1520, 1522 (C.A.).
[8] Id.
[9] Supra, note 1.
[10] Droit de la famille — 2256, [1995] R.D.F. 819, 820 (C.Q.).
[11] Supra, note 1.
[12] A. ROY, supra, note 3, par. 22.
