INTERNATION LAWYER

Family assets and commercial matters

International judgments

International adoption.

Family Law --- International Adoption  

In November 2004, the biological mother of X, who was born in 1990, has consented to the adoption of it by the paternal aunt of the child. In July 2005, the aunt has taken steps with the Secretariat to international adoption, which upheld the authority competent to Haiti that the appellant was fit to adopt a child and that; accordingly, Quebec accepted the adoption of X. In September 2009, the mother has signed a new agreement, this time targeting a passage which would permanently sever the parent-child relationship between X and his biological family. The trial judge rejected the request because the recognition of a decision made outside Québec may be imposed when adopting the simpler the rules applicable in that country.

The Court of Appeal held that the recognition of an adoption decision rendered outside Quebec may be imposed when the simple adoption is the legal regime in the country of origin and the country is not party to the agreement, what is the case of Haiti. Indeed, the judge who delivered the judgment of adoption knew the origin of the adoptive and the project relative to X, or to live in Quebec, and he also checked the mother's consent to the adoption of its child. Thus, the effects of judgment recognition, including the breakdown of parentage, are subject to the law of domicile of the adopter. Judicial recognition of the adoption judgment rendered in Haiti badly needed.

J.E. 2012-62