Adoption Lawyers

Adopting a child is a joyful step, but in Quebec it is also a court process with strict rules. An adoption lawyer can explain which path applies to your family, make sure the right consents are in place, and guide the file through the Court of Québec until the adoption judgment. On this page you can compare lawyers who handle adoption, see their rates and availability, and book a consultation online.

Adoption is one part of family law. For separation, divorce and other family matters, see our page on family lawyers.

What an adoption lawyer does

Depending on your situation, a lawyer can:

• Explain your options: adopting your spouse's child, adopting through youth protection, international adoption, or adopting an adult.
• Review consents: check that the parents, a tutor or the child, where required, have given valid consent, and explain what happens if a consent is withdrawn.
• Prepare court applications: the application for a placement order and, later, the application for the adoption judgment.
• Represent you in court: especially when a parent opposes the adoption or when the court must first declare a child eligible for adoption.
• Advise on what comes after: the child's new name, the effect on the birth family, and any agreement to keep in touch.

How adoption works in Quebec

In Quebec, an adoption is never just a private agreement: it must be granted by a judge of the Court of Québec, Youth Division. The court checks that the legal conditions are met and that the adoption is in the child's interest. The Quebec government's adoption page gives an overview of the process.

In broad terms, most adoptions follow the same path:

• Consent: the child's parents, or a tutor in some cases, usually consent to the adoption. Older children must also be asked, and their refusal can stop the adoption. Without consent, the court may in some situations declare the child eligible for adoption, for example after abandonment.
• Placement order: the court confirms that the conditions are met and places the child with the adoptive parent. This step is required even when you adopt your spouse's child.
• Adoption judgment: after the child has lived with you for a period, the court grants the adoption if it is in the child's interest. You then become the child's legal parent, with the same rights and duties as any parent.

Éducaloi's plain-language guide on adopting a child in Quebec walks through each step in more detail.

Common types of adoption

Adopting your spouse's child

Intrafamily adoption, such as adopting your spouse's or partner's child, is one of the most common situations. The government is usually not involved in the same way, but the court process still applies, and the consent of the child's other parent is a central question. Your spouse keeps all their rights as a parent.

Adoption through youth protection (Banque mixte)

Some children cannot stay with their birth family and are followed by the Director of Youth Protection (DPJ). Through the Banque mixte program, approved families first foster a child with the possibility of adopting later. If the birth parents do not consent, the DPJ may ask the court to declare the child eligible for adoption. A lawyer can explain your role and your rights at each stage.

International adoption

Adopting a child from another country goes through the Secrétariat aux services internationaux à l'enfant and, in most cases, an accredited adoption body. The rules of both Quebec and the child's country apply, and the decision may then need to be recognized here. The Quebec government's international adoption page explains how the process starts.

Adopting an adult

An adult can also be adopted in certain situations, for example by someone who acted as their parent while they were growing up. The rules are different from those for children, and the adult's own consent is required. A lawyer can tell you whether your situation qualifies.

Recent reforms: open adoption and origins

Quebec's adoption law has changed in recent years. Since the reforms that began in 2017, adoptive and birth families can make communication agreements to share news or keep some contact after the adoption, and in some cases the adoption can recognise the child's existing ties to their family of origin. Adopted people and birth parents also have broader rights to find information about their origins. A lawyer can explain how these options could apply to your family.

When to get an adoption lawyer

• You want to adopt your spouse's or partner's child.
• You are fostering a child through the DPJ and the adoption process is starting.
• A parent refuses to consent, or wants to withdraw their consent.
• You are starting an international adoption or need a foreign adoption recognized in Quebec.
• You are considering adopting an adult, or you want a communication agreement with the birth family.

Preparing for your consultation

Bring the child's birth certificate, any custody judgment or youth protection documents, any consents already signed, and the questions on your mind, such as who must consent and what each step involves. Ask how the lawyer charges.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all adoption lawyers or see adoption lawyers in Montreal. If custody is also in question, see our page on child custody lawyers. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

How do you adopt a child in Quebec?

Every adoption in Quebec goes through the Court of Québec. In general, the required consents are given, the court makes a placement order, and after a period of living together it grants the adoption judgment. Outside intrafamily adoption, you usually start with the youth protection services or, for an international adoption, the Secrétariat aux services internationaux à l'enfant.

Do I need the other parent's consent to adopt my spouse's child?

Usually, yes. The child's other legal parent must normally consent. If they refuse, a court can only allow the adoption in specific situations, such as when the child has been abandoned. A lawyer can assess your case.

Can a birth parent change their mind?

Yes, for a short period after consenting the parent can withdraw their consent. After that, they would have to ask the court, which decides based on the child's interest.

How long does an adoption take?

It depends on the type of adoption, whether everyone consents and the court's schedule. A lawyer can give you a realistic picture for your situation.

Can my adopted child keep contact with their birth family?

It is possible. The adoptive and birth families can agree on how to share information or keep in touch, and the agreement can be considered by the court.