Adoption Guide Gay Lesbian

Adoption and
Fostering of Children
Residing in Quebec
A Guide for Gays and Lesbians
Adoption and
Fostering of Children
Residing in Quebec
A Guide for Gays and Lesbians
Adoption and fostering of children residing in Quebec
A project of the Lesbian Mothers Association of Quebec, the Papa-Daddy Group, and the
LGBT Family Coalition

Preamble
This guide was written for lesbian and gay future adoptive and foster par-
ents with a view to answering some of their questions and concerns. We
hope that it will also be useful for social workers working with gays and
lesbians hoping to adopt—those who are already knocking on the door of
youth protection agencies in Quebec and those who will be doing so, more
and more often, in the future.
In preparing this guide we met with many workers in the social services, as well
as with adoptive and foster parents from the lesbian and gay community.
The guide is dedicated to the thousands of children waiting for a ‘forever

family’ and to the gay and lesbian future parents ready to open their homes
to them. It also recognizes the enduring commitment of social workers.
Finally, the guide is dedicated to the pioneers—the first gays and lesbians to
enter the youth protection agencies of Quebec and proudly show them what
they had to offer.

Table of Contents
Adopting a child residing in Quebec----------------------------------------------------- 7
Introduction and Historical Overview-------------------------------------------------- 9
Definitions and Clarifications---------------------------------------------------------- 12
The Children-------------------------------------------------------------------------------- 18
Who are they?........................................................................................................... 18
What happens after the child is removed from the birth family home?............. 23
The Future Parents------------------------------------------------------------------------ 26

Who wants to adopt or foster a child and why?................................................... 26
Overcoming obstacles............................................................................................. 30
Bisexual and transsexual applicants...................................................................... 34
Starting the Process---------------------------------------------------------------------- 37

First contact.............................................................................................................. 38
Psychosocial Assessment (Home Study)------------------------------------------------ 40

Will I be assessed differently because I’m gay?.................................................... 43
From Assessment to Placement---------------------------------------------------------- 44

Can the birth parents refuse me because I am gay?............................................. 46
Sibling placement..................................................................................................... 47
Matching parents and children by ethnicity and other factors............................ 48
Supervised visits with the birth parents................................................................ 50
Moving Towards Adoption---------------------------------------------------------------- 52

How does the procedure work?.............................................................................. 52
Eligibility for adoption............................................................................................. 54
Order of placement.................................................................................................. 57
Final adoption........................................................................................................... 57
Legislative changes and average wait time........................................................... 58
Services for Foster Parents/Post Adoption Services------------------------------- 60

The Youth Centres of Quebec------------------------------------------------------------ 62

Youth centres out in our community..................................................................... 62
Contact information................................................................................................. 63
Other resources--------------------------------------------------------------------------- 65
General information on the web............................................................................. 65
International adoption............................................................................................. 65
Foster-parent resources........................................................................................... 66
Help-lines................................................................................................................... 66
Parent associations.................................................................................................. 67

SECTION 1
Adopting a Child
Residing in Quebec
When people think of adoption they most often think of the adoption of
children from foreign countries. In fact international adoption is the form
of adoption most frequently seen in Quebec. It is estimated that 70-80%
of adopted children in Quebec are from outside of Canada. However, most
countries outside of Canada and the United States do not accept gay and
lesbian candidates.
F
in Quebec
or this reason, the International Adop- In Canada, gays and lesbians have
au Québec
tion Secretariat (IAS), the agency access to marriage, couple rights,

residing
with which one must deal to adopt a pensions, joint income tax returns,
child from outside Quebec, cannot ac- dual ownership on properties, and an
résidant
of children
cept gays and lesbians as future adopt- increasingly “out” way of life. This
ive parents. To adopt from other coun- can now include adopting a child liv-
d’enfants
tries is sometimes possible as a “single ing in Quebec.

fostering
heterosexual” person but this is not an

accueil
option for a gay or lesbian couple.

and
Adoption et

SECTION 2
Introduction and
Historical Overview
The fostering and adoption of Quebec-born children fall under the jurisdic-
tion of Quebec’s youth protection agencies (youth centres). The centres
assess potential foster or adoptive parents. There are 18 administrative
regions of Quebec and each region has its own youth centre and appoints
its own Director of Youth Protection/Directeur de la protection de la jeu-
nesse (DYP/ DPJ). Because of its two-language nature, Montreal has two
youth centres. The youth centre that serves the English sector in Montreal
is called Batshaw Youth and Family Centres and for the French sector it is
called le Centre jeunesse de Montréal—Institut universitaire (CJM-IU).
in Quebec
au Québec
residing
T he youth centres fall under the doms, there can be variations from
résidant
jurisdiction of the Ministry of one to another in the way services

of children
Health and Social Services. Although are provided.

d’enfants
all youth centres must conform to

the Civil Code of Quebec, the Youth Historically, from the time that homo-
fostering
Protection Act, as well as Quebec’s sexuality was decriminalised in Can-

accueil
Charter of Human Rights and Free- ada, it has always been possible, at
and
Adoption et

Historically, from the time that homosex-
uality was decriminalised in Canada, it has
always been possible, at least in theory,
for gays and lesbians to adopt or foster
children living in Quebec. Because of so-
cial prejudice and homophobia, however,
it is only recently that gays and lesbians
have begun to seriously consider this as a
possible way to start their families.
least in theory, for gays and lesbians placed in homes with gay or lesbian
to adopt or foster children living in parents.
Quebec. Because of social prejudice
and homophobia, however, it is only In 2002 when the Quebec government
recently that gays and lesbians have was in the process of considering the
begun to seriously consider this as a reform of the Civil Code to eliminate
possible way to start their families. discrimination against gays and les-
bians, the Association des centres
In the early 1990s Batshaw Youth jeunesse du Québec (ACJQ) submit-
and Family Centres began to con- ted a brief to the National Assembly
sider their first openly gay and les- to encourage the passage of a law
bian applicants. A small but grow- that would give couple and parental
ing number of children began to be rights and responsibilities to gays
10
and lesbians. The ACJQ brief stated and parental rights. In the commun-
the following: ity more and more gay and lesbian
Quebec couples began considering
According same-sex couples the the possibility of conjointly adopting
same rights, privileges and obliga- children living in Quebec.
tions as heterosexual married couples
is fundamentally choosing to be just 1 Brief submitted to the Commission of Institu-
tions, “L’union civile: Une bonne idée à com-
toward all citizens, without discrimin- pléter.” Association des centres jeunesse du
ation. Given that it is possible for a Québec, January 2002.
homosexual person to adopt a child Texte officiel :

Choisir de donner les mêmes droits, privilèges et
on an individual basis, wouldn’t re- obligations aux couples de même sexe qu’à ceux
unis par le mariage, c’est fondamentalement
fusing this possibility to a same-sex vouloir être juste pour tous les citoyens, sans
discrimination. Or, comme il est possible pour
couple deny the child, insofar as he/ une personne homosexuelle d’adopter un enfant
individuellement, refuser d’accorder cette pos-
she is adopted by only one of the part- sibilité à un couple de même sexe, ne revient-il
ners, the benefit—emotional, social, pas à priver l’enfant adopté par un seul partenaire
de l’union civile de la possibilité de bénéficier des
economical, etc.—related to the other ressources de toutes natures (affectives, sociales,
économiques, etc.) de l’autre personne adulte
adult sharing his/her life and that of qui partage la vie de son parent, et la sienne ?
N’est-ce pas compliquer inutilement l’exercice
the other parent? Wouldn’t this un- quotidien de l’autorité parentale ? N’est-ce pas
fragiliser l’avenir de l’enfant en cas d’accident et
necessarily complicate the daily exer- de mortalité de son seul parent adoptif ?
cise of parental authority? Wouldn’t it
make the child’s future more fragile
in the case of accident or death of the
sole adoptive parent?1
In June 2002 the Law on civil union and

new rules of filiation passed unani-
mously in the National Assembly,
giving gays and lesbians full couple
We knew we wanted to have a child, but international adoption was be-

coming more and more difficult. We’d heard that the youth centres were
opening up for gays and lesbians, and that the legislation had changed.
Ian and Noah – fathers in the process of adopting a two-year-old boy through the Mixed Bank.
11
SECTION 3
Definitions
and Clarifications
Foster family------------------------------------
Youth centres recruit foster families in for daily subsidies to cover certain ex-
all regions of Quebec to care for chil- penses related to the care of children
dren who have been removed from who are placed in their homes. The
their biological families. The length of large majority of foster parents do not
this type of placement varies from an intend to adopt. Often they already
overnight stay to long-term placement have their own biological children and
in foster care until the child becomes do not want a larger family. From the
an adult. Foster parents have no legal outset they are evaluated as foster not
parental authority over the child but adoptive parents. Sometimes however
have agreed to care for the child’s a foster family decides that they would
needs, as would a parent, while he/ like to adopt the child whom they have
she is in their care. Depending on the in their care if he/she becomes eligible
case, it is either the biological parents for adoption. To do so they must be
or the DYP who have the authority to re-evaluated through the adoption
make decisions regarding the child’s program. A number of children are
welfare. Foster-parents are eligible adopted each year in this way.
12
Emergency/short-term foster family--------
Following an assessment of a report to friends, then placement in an emer-
the DYP, if a child’s safety is at stake, gency/short-term foster family is like-
he/she may be temporarily placed ly. These foster homes rarely consider
outside of his/her natural milieu. If the long-term placement or adoption. This
child cannot be entrusted to family or type of family is in high demand.
Respite care-------------------------------------
This is a family that takes care of a primary care of the child. The goal is
child on an intermittent basis (for ex- to “give a break” to the child’s par-
ample every second weekend) and ents or full-time foster parents, to
where the child’s biological family help these families remain intact.
or foster family continues to have
13
14
Mixed Bank Foster Families--------------------
In 1988, the youth centres created itially foster a child until he/she was
the Mixed Bank, having realized that judged admissible for adoption and
many children could have benefit- thereby avoid shunting the child from
ed from adoption but were instead one home to another.
placed in foster families who didn’t
plan to adopt them, thus deny- Children that are placed into the Mixed
ing them the security and stabil- Bank are not legally admissible for
ity of a permanent home. In order adoption at the time of placement. In
to be adopted, these children had the majority of these placements how-
to be moved from the foster family ever, the parents do not resume care
to a potential adoptive home. The of the child and the child eventually
move from foster home to adoptive becomes eligible for adoption.
home was difficult for children who
The prospective parents who en-
had formed bonds with their foster
ter the Mixed Bank want to start or
parents, and some kids were never
add to their family rather than enter
adopted because severing them
into a short-term commitment, even
from their foster parents would have
though they are informed from the
had too huge a negative effect. At
outset of the delays associated with
the same time many Québécois were
the adoption and the possibility that
waiting to adopt children.
the child may not be judged admis-
The goal of the Mixed Bank was sible for adoption. Because of this
therefore to find stable homes for they must be evaluated as both foster
children with a family willing to in- and adoptive parents.
The goal of the Mixed Bank was therefore to find stable

homes for children with a family willing to initially fos-
ter a child until he/she was judged admissible for adop-
tion and thereby avoid shunting the child from one home
to another.
Local adoption----------------------------------
This is the type of adoption that is described in this guide. Other terms used for
it are: “domestic adoption,” “internal adoption” and “the adoption of children
residing in Quebec.”
15
Adoption by consent----------------------------
This is essentially the local adoption, mostly if not always, of a newborn whose
parents have given their consent to adoption. The waiting list for this kind of
adoption in Quebec is currently five-eight years.
Adoption by Special Consent------------------

This is an adoption where the bio- agency rarely takes part in adoptions
logical parent or parents give consent by special consent except when it has
to their child being adopted by grand- been previously involved in the situa-
parents, great-grandparents, a child’s tion or when the Court asks it to be-
brother or sister, or the child’s uncle come part of the process in order to
or aunt. Special consent is also the give its opinion on the matter.
mechanism by which a spouse adopts
his/her partner’s child. This type of It is no longer necessary in Quebec for
adoption is well known amongst gays lesbian parents to undergo this legal
and lesbians in families where a bio- procedure when the biological child of
logical parent asks for his/her same- one member of the couple is the result
sex spouse to be legally recognized of a common parental project. The
as the child’s parent. This procedure lesbian couple have simply to register
is also known as stepparent adoption, their names on the child’s birth certifi-
second-parent adoption or co-par- cate to become legally recognized as
ent adoption. The youth protection the child’s parents.
Open Adoption-----------------------------------
Open adoptions are not legally author- made between the birth parents and
ized in Quebec. The rule is that adop- the adoptive or foster parents so that
tions are confidential. However, foster the bond between child and biological
care is not confidential unless specif- family can be maintained. The ques-
ically ordered by the court. In certain tion of whether or not to modify the
cases, while the child is in foster care, law to allow open adoptions in Que-
before the adoption process begins, bec was studied by a Ministry of Jus-
names may be exchanged. Also, in tice working group that was put into
some cases, informal agreements are place in 2006.2
2 The report and proposals on this subject can be found at:

www.justice.gouv.qc.ca/francais/publications/rapports/pdf/adoption-rap.pdf.
16
International Adoption------------------------
International adoption is not covered in this guide though there are similarities
between local and international adoption in the way that prospective parents
are evaluated. For those interested, there are a number of references on inter-
national adoption at the end of this document.
Parental authority-----------------------------
Parental authority normally refers to the rights and responsibilities of biological
parents toward their child. Parental authority can sometimes be delegated to
another person. If the courts are involved, a judge can authorize either the DYP
or another person to exercise parental authority.
Surrogacy adoption----------------------------
In Canada, contracts with surrogate teur de l’état civil. This declaration can
mothers have no legal validity and are also contain the name of the father (or
considered null and void. Because of of the person agreeing to be named
this, a heterosexual or homosexual father) as long as that person signs
couple who has an agreement with the declaration.
a surrogate mother to carry “their”
child has no legal recourse if she chan- After the birth, if the mother gives
ges her mind and decides to keep the the child to the biological father and
child. Likewise, the surrogate mother his partner and consents to a special
cannot force the adopting couple or adoption by the biological father’s
person to care for the child. partner, the partner can then request a
placement order with a view to adop-
When the child is born, the accou- tion, which is the first of two steps
cheur (the person who delivers the towards adopting the child. The final
child) must draw up an ‘attestation adoption judgment establishes a new
of birth’ that indicates amongst other filiation. The biological mother will
things the name of the mother. The ‘disappear’ from the child’s birth cer-
mother must also sign the ‘declara- tificate and the second father’s name
tion of birth’ that is sent to the direc- will appear along with the first.
17
SECTION 4
The Children
Who are they?

Each year, a number of children are reported to the DYP. Either a neigh-
bour, a medical staff person at the hospital where the child was born or
received treatment, the police, a family member, a teacher, a friend, or
the parents or child themselves will contact youth protection because the
child’s well being is at stake.
M ost of these reports are linked

to negligence. Often the parents
are incapable of caring for children,
without adult care or neglected. In the
case of newborns, the children may
have been exposed to drugs in utero
for a short or an extended period of and may be born in a state of physio-
time, due to drug and/or alcohol ad- logical withdrawal. There are children
dictions, psychiatric or emotional of all ages that come under the care
problems or intellectual deficiencies. of youth protection, from newborns to
teenagers. They have generally lacked
Some of the children have been phys-
stability in their lives and have lived
ically or sexually abused. There are
through at least one or more ruptures
often cases of conjugal violence as well
to which the children may have been from their families of origin or from
witness. Some have been left alone other substitute milieus.
18
19
In Quebec, the youth centre caseworkers
will know about the child’s past history.
pertinent information is passed on to the
Mixed Bank parents.
Some of the children have relational When we got our son we

difficulties or learning disabilities.
wanted to be mentally pre-
Some of these impediments may be
completely eliminated after a per-
pared. We knew that there
iod of stability in their new homes. would be effects. Maybe the
Others will persist for longer. When caseworkers weren’t free to
there is the possibility of a child com-
tell us everything but in our
ing into your home you are given the
necessary information, if available, son’s case we really had to dig
on the child’s medical and psycho- to get our answers. We had
logical state. to keep asking the questions.
It should be noted that this situation is Jeanne and Hélène – mothers of a two year-
not unique to children living in Que- old girl (through pregnancy) and in the pro-
cess of adopting a one-year-old boy through
bec. Children born in Russia or China, the Mixed Bank.
for example, may have also lived
through traumatic events. In Quebec, dren are less than a year old and
the youth centre caseworkers will 70-80% of them are under two years
know about the child’s past history. of age. At Batshaw, the majority of
Pertinent information is passed on to children in the Mixed Bank are five
the Mixed Bank parents. In the case of years of age and under (with 60%
international adoption, the child’s past being in the zero to one-year range),
history is sometimes unknown. but many older children who are
adoptable cannot be placed in the
About three-quarters of the children Mixed Bank because there are cur-
in the Mixed Bank are boys. At the rently no families available to adopt
CJM-IU roughly half of these chil- them. In both the Mixed Bank and
20
the Foster Program there are many been shown to be extremely resili-
children over two years old in need ent. The standard research about at-
of stable long-term families but un- tachment capacity occurring in the
fortunately for them most people first year is slowly being replaced by
ask for babies. new work that is beginning to show
that strong bonds of attachment can
Many people have the idea that in develop even in older children who
adopting a newborn baby the chan- were neglected in the first years of
ces are much higher that this child
their lives.
will do well, as he/she has been ex-
posed to fewer traumas. Although in Adopting a baby, an older child or
many cases this may be true, it is not a child with special needs implies
always easy to determine the gener- different challenges. If you are the
al health or developmental capacity kind of person who feels reticent
of a newborn. Children who are two about sleepless nights, diapers and
years old and older, despite hav- bottles, then an older child may be a
ing had different experiences, have good choice for you. If you think that
21
As a single man I knew that I couldn’t be with a child 24/7. I was
looking more for a kid who was of school age, at least five years
old. When Michael arrived he was nine, of course it was hard.
He’d been through a lot. But I knew I could make a difference.
My motivation was altruistic in the beginning – I’m an idealist.
And yet when I look at the overall picture there’s been tremen-
dous growth. Michael goes to a regular kind of school now and
he wants to go to school. He plays water polo, he takes the met-
ro by himself, he’s part of a youth group at church, he’s got a
fantastic sense of humour and he’s got so many friends. He has
slowly absorbed the idea that this is his home and he can stay
here. Michael is really coming into his own. He knows the world!
Charles – biological father of two sons ages 21 and 19 and foster father to one son age 13 who is
in his care until the child reaches the age of majority.
an older child is more likely to have prospective adoptive parent to make

more problems due to a difficult a choice and the responsibility of
past, keep in mind that not all babies the caseworker to evaluate whether
are perfect and that not all older the candidate has the necessary par-
children show the same after-ef- enting skills to meet the needs of a
fects. Children have different needs particular child, regardless of his or
according to their age. It’s up to the her age.
22
What happens after the child is removed
from the birth family home?
Once the DYP has assessed the situation of a reported child, in certain
circumstances the child may need to be removed from the family. The
caseworker must collect as much information as possible on the child,
his/her parents and the family situation. The youth centre’s priority is to
be able to return the child to his or her family of origin whenever this is
feasible. If this is possible the youth centre will do everything it can to
help the birth parent(s) turn their lives around to be able to provide ad-
equate care for their child.
Emergency foster care tion and after having studied all pos-
sible angles, the social workers will
In the weeks following the child’s re-
determine that it is in the child’s best
moval from the home, while a plan for
interest to be placed in long-term
the child’s care is being determined,
care outside of his/her parents’ home.
that emergency foster care homes are
They then elaborate a permanent plan
greatly needed. If you are interested
for the child. Decisions are based on
in becoming a foster family, there is
uniform clinical parameters that are
a real need.
used by the youth protection agen-
cies throughout Quebec. The Direc-
C aseworkers are assigned to the

family and they must prepare
an initial intervention plan for the
tor of Youth Protection proposes this
project before a judge of the Court of
Quebec, Youth Division. The judge
parents. The plan takes into con- may or may not approve the plan.
sideration the parents’ physical and
emotional state, the relationship with A child with little hope of return-
extended family and friends, the pres- ing to his/her biological family can
ence or not of other children, and the be placed in the Mixed Bank or in a
opinion of medical professionals and long-term foster family. Decisions as
social workers involved. to a permanent plan may vary from
one youth centre to the next. In cer-
In some cases it will be recommend- tain youth centres older children are
ed that the child eventually go back often placed in long-term foster care,
to his/her biological parents. In other whereas the younger ones are put in
cases, if interventions do not lead to the Mixed Bank. In other youth cen-
an improvement in the child’s situa- tres any child requiring long-term
23
A commitment to foster a child can
range from anything from agreeing
to open one’s home for short-term
emergency placements or respite
care (to help parents out every now
and then, e.g. one weekend a month),
right up to fostering a child over a
long period of time (even to the age of
majority). In Montreal, for example,
there is an urgent need for foster
homes for children ages 0-5 need-
ing transitory care (e.g. six months
to a year). There is also a great need
for long-term commitments with
openness toward eventual adoption
should the possibility arise.
24
care is placed in the Mixed Bank if a for foster homes for children ages
family is available. 0-5 needing transitory care (e.g. six
months to a year). In other regions
In clear cases of abandonment and/ needs are greater for older children.
or neglect, or in the case of a new- There is also a great need for long-
born whose parents already have a term commitments with openness
history with the youth protection ser- toward eventual adoption should
vices, the child might immediately be the possibility arise. Whatever the
placed in the Mixed Bank with a view commitment, the foster parents do
toward adoption if a suitable home not normally have parental author-
is available. ity over this child. It is still either the
birth parents or the youth protec-
A commitment to foster a child can
tion agency itself that will maintain
range from anything from agreeing
the right to make decisions with re-

to open one’s home for short-term
spect to the child, unless the judge
emergency placements or respite
rules otherwise.
care (to help parents out every
now and then, e.g. one weekend a If you commit to providing a home for
month), right up to fostering a child a child in the Mixed Bank it means that
over a long period of time (even to there is a very strong chance that the
the age of majority). In Montreal, child who is placed with you will even-
for example, there is an urgent need tually become eligible for adoption.
25
SECTION 5
The Future
Parents
Who wants to adopt or foster a child

and why?
The reasons for wanting to adopt or foster are as numerous as the people who
decide to do it. The following are the reasons of just a handful of people:
In the context of my work I encountered a number of situations where

I met with kids whose parents, for one reason or another, couldn’t
take care of them, and they really needed good homes and people
to care for them. This kind of sensitized me to the reality of the kinds
of kids in the system. I was open to the idea of having more kids and
knew that I could be a loving, stable, healthy and mature parent, who
could provide consistent love. I knew I had more love in me to give.
Charles – biological father of two sons ages 21 and 19 and foster father to one son age 13 who is
in his care until the child reaches the age of majority.
26
After our first pregnancy we didn’t want to go through a second and
yet we wanted a bigger family. We knew that to adopt internationally
we would have to lie and after talking to a few other couples who had
chosen to adopt Quebec-born children, we were willing to give it a try.
Jeanne and Hélène – mothers of a two year-old girl (through pregnancy) and in the process of
adopting a one-year-old boy through the Mixed Bank.
We were looking to get pregnant through a fertility clin-

ic and at the same time exploring the idea of adopting a child
born in Quebec. Really we just wanted to start a family and
to become parents. After we went to the first information ses-
sion about the Mixed Bank we became very much interested.
Nadia and Annik – mothers in the process of adopting a two-year-old son through the
Mixed Bank.
27
As gays and lesbians our families are made up of many people
who have no biological connection at all. We do a lot of family
building in our community and so it felt natural for us to foster.
We could appreciate the fact that the kids we encountered were
often from non-conventional families as well and so we felt that
we could understand their differences a little better. We want-
ed to have contact with kids in our lives, though we weren’t
ready to do so full-time. Fostering was a way for us to test out
our parenting. In the beginning it was like summer camp,
eventually it became more like a regular family atmosphere.
Frieda and Simone – mothers to a two-year-old one son through pregnancy and respite care
foster parents to four sisters aged 14, 11, 9 and 7.
28
The most rewarding part of it all has
been the intimacy and the laughter.
André and Roger – adoptive fathers of a three-year-old son and in the process of adopting a girl
through the Mixed Bank.
29
Overcoming obstacles
In adopting or fostering a child born in Quebec, and despite the excellent
laws that underscore the parental rights and responsibilities of gays and
lesbians, discrimination can still be present among certain caseworkers.
T here is also the idea that children

who are under youth protection
are already coming from a traumatic
have undergone a series of training
sessions called “Pour une nouvelle
vision de l’homosexualité” (For a new
situation and thus should not be sub- vision of homosexuality). These ses-
jected to the so-called “problem” of sions, given by the Ministry of Health
having two parents of the same-sex. and Social Services (MHSS), help
people in the social services to over-
Nevertheless, an increasing number
come some of the misunderstandings
of professionals working in the so-
around the capacity of lesbians and
cial services are becoming aware of
gays to parent, as well as shed light
the large body of research, spanning
on the numerous studies on children
more than 30 years, on the well be-
of gay and lesbian parents.
ing of the children of gays and les-
bians3, which shows that they fare Many of the youth centres in Quebec
just as well as those of heterosexual have still not seen “out” gays and
parents. Even psychoanalytic argu-
lesbians pass through their doors,
ments that express the importance of
but in an increasing number of re-
having two opposite-sex parents are
gions applications are beginning to
being positively reinterpreted in the
be made. You may be a pioneer in
light of same-sex families. However,
your area, the first to apply, but in do-
often those trained as social workers
ing so remember that the research,
and psychologists in Quebec have
the Charter of Human Rights and
not yet had access to the large body
Quebec’s Civil Code all support your
of research on same-sex families.
plan, and that other youth centres
Over 100 social workers from most in Quebec have already seen num-
of the youth centres across Quebec erous gay and lesbian couples and
3 For a good review and meta-analysis of the research see the American Academy of Paediatrician’s
“Technical Report: Co-parent or Second-Parent Adoption by Same-Sex Parents” at www.aap.org or
“Trois générations de recherches empiriques sur les mères lesbiennes, les pères gais et leurs enfants,”
(Julien, 2003) in P.C. Lafond and B. Lefebvre (Eds.) L’union civile: Nouveaux modèles de conjugalité et
de parentalité au 21ième siècle (pp. 359-384. Cowansville: Les Éditions Yvon Blais.
30
31
individuals pro-
In the beginning when we first contacted the
vide stable and
secure homes youth centre (Outaouais) in 2000 there was a
that favour the hesitancy… it was obvious that our application
development of really did throw them for a loop. They weren’t
a child.
really sure what to do with us as two gay men,
Most of the so- as we were the first gay couple to apply at our
cial workers to
youth centre. So they stalled until their legal
whom we spoke
told us that what experts could put together a report. This was
was even more before the laws around parenting had passed
important to in Quebec. But honestly we never really felt a
them than these
negativity or homophobia from any of the so-
training ses-
sions were the cial workers we encountered – at least not to our
s u c c e s s s t o r- faces – it was more like the barriers were com-
ies of children
ing from the system itself. Since then there have
placed with gays
and lesbians and been a number of gay and lesbian applicants.
seeing them de- Thomas and Marc – Adoptive fathers of two boys ages seven and nine
velop in their through the Mixed Bank.
new home.
You may encounter resistance in your gays and lesbians moving through
region, but please do not give up eas- the system and proving themselves
ily. Your tenaciousness, and even-tem- as good people and good parents
per will prove your seriousness and has been a major factor in changing
capacity to solve problems to those their minds. It is this, more than any-
assessing your request. If you do thing else that has paved the way for
truly experience blatant homophobia, others. A gay family success story
please contact some of the lesbian
is assimilated into the “culture” of
and gay family resources listed at the
the youth protection agency. Suc-
end of this pamphlet.
cess stories are passed on from one
One of the strongest points made by worker to the other. The bottom line
both the Centre jeunesse de Mont- is that if you don’t try you won’t suc-
real and Batshaw was that seeing ceed. Some of you will find your-
32
I was almost expecting homophobia. I was waiting for that word or what-
ever, but then the person who I spoke to on the phone, in that first call,
said to me ‘Well we don’t have much experience but we’re very open to
it.’ They were honest, the cards were on the table and that put us at ease.
Sometimes the questions they asked seemed impertinent. I think

that had I been asked these questions at an earlier point in my life
perhaps I would have been offended and wouldn’t have continued.

But I had enough distance and self-confidence to put up with
some questions that may have been the result of a lack of know-
ledge about our community. Our worker was intelligent enough
to learn from us and in the end I actually liked the experience.
Nadia and Annik – mothers in the process of adopting a two-year-old son through the
Mixed Bank.
33
selves in a youth protection agency
that has years of experience with the
Gays and lesbians
lesbian and gay community. Others
in the Mixed Bank
will be pioneers. It is the manner in
As of the fall of 2007, there
which sometimes curious, some-
times ignorant questions are handled were 18 active dossiers of
that will win the day in the long run. gay and lesbian candidates in
the Mixed Bank of the Centre
jeunesse de Montréal.
Bisexual and transsexual applicants

There is nothing in Quebec’s Civil Code or Charter of Human Rights
that would impede a bisexual or transsexual applicant from fostering
or adopting a child. Because of the many myths surrounding bisexual-
ity it was assumed a priori that bisexuality meant a life of promiscuity
and therefore a milieu of instability for a child. Workers at the CJM-IU
and Batshaw, however, told us that they are open to the idea and said
that each case has to be evaluated on its own merits. As with gays and
lesbians, bisexuals must also show that their sexual orientation will not
interfere with their ability to parent and does not mean an instable en-
vironment for the child.
W e did not encounter any trans-

sexuals who had tested the
system and the workers we spoke to
people will have to prove themselves
in order to open the doors for others.
Any applicant whether lesbian, gay,
had not either. Again in theory fos- bisexual, transsexual or heterosexual
tering and adoption by transsexual must show an above-average level of
people should be possible but trans adaptation to life and society.
34
Because of the many myths sur-
rounding bisexuality it was as-
sumed a priori that bisexuality
meant a life of promiscuity and
therefore a milieu of instability
for a child. Workers at the CJM-
IU and Batshaw, however, told
us that they are open to the idea
and said that each case has to
be evaluated on its own merits.
As with gays and lesbians, bisex-
uals must also show that their
sexual orientation will not inter-
fere with their ability to parent

and does not mean an instable
environment for the child.
35
36
SECTION 6
Starting
the Process
If you are interested in either adoption, fostering or both your first step is
to call the youth centre in your region (see contact information at the end
of this document). The order of steps in the evaluation process may differ
from one youth centre to another. Some centres offer candidates informa-
tion sessions at the outset, while others ask them to first fill out a ques-
tionnaire and information sessions are given later. Others ask candidates
to come for an initial interview before beginning the psychosocial evalua-
tion. When you first call the youth centre, you can ask the representative
to explain the exact procedure to you.
in Quebec
You must be 25 years and older and have

au Québec
residing
Canadian citizenship or landed immigrant

résidant
of children
status. You can be single, married, in a civil

d’enfants
fostering
union or a common law relationship.

and
Adoption et accueil
37
First contact
It is important to be ‘out’ about your sexual orientation from the outset.
The response you receive may vary from one youth centre to the next.
Even after the reform of the Civil Code in 2002, certain caseworkers still
had misgivings about gay and lesbian candidates; since then, with the
help of training sessions and building on the positive experiences with
gays and lesbians who have already approached the youth centres, there
is more and more openness to our families. For example, all adoption
candidates applying through the Centre jeunesse de Montréal must at-
tend two information sessions during which they have the opportunity of
speaking with a Mixed Bank parent; recently, a gay couple was invited to
speak to the prospective parents about their experience.
I f your youth centre asks you to come

for an initial interview, the objective is
to evaluate the psychological strength
questionnaire, references, a medical
examination, proof of employment,
a statement of income, a proof of
of the candidates and their aptitude residence, and a consent form for a
to help a child live with his/her dif- police check. You may also be asked
ferences. Regardless of the outcome to sign a consent form to have any
of this meeting,
all candidates At the information sessions they consistently pres-
have the right to ent the worst-case scenarios to prepare you for the
undergo the en-
possibility that your ‘dream’ family may look very
tire psychosocial
evaluation with
different from the actuality. After every meeting we
the youth centre. felt so downtrodden. If you had some sort of ideal-
ized notion, at the end of the evening you came out
To ensure that
your application deflated. However, after completing the orientation
goes forward, sessions we were more committed than ever to pro-
it is essential ceed with the process, risks and all. Although we
to provide the
had many obstacles to overcome with the adoption
youth centre
with a complete of our son in the end our ‘dream’ family still mater-
request: the ap- ialized. We couldn’t be happier with the outcome.
plication form,
André and Roger – adoptive fathers of a three-year-old son and in the
a self-study process of adopting a girl through the Mixed Bank.
38
previous assessments added to your You will receive a letter to inform
dossier. Files are held for a number of you when your application is com-
years. If a file is closed the DYP can plete. At this early point you may
still ask for your consent to re-open it. be refused on a number of bases:
a bad reference, a police problem,
It is your responsibility to take charge
health or psychiatric issues. There
of your dossier from the beginning
are other areas that are more vague
and to make sure that it is properly put
and will be situation dependant. If
together. Files have been known to
you have a history of depression or
stagnate because one of the referees

suicide attempts you may be asked
forgot to post their letter of reference.
Contact the youth centre to verify the to undergo extra psychological as-
status of your application if you feel sessments in order to determine
that the processing times seem longer that these problems have been ad-
than what you had been told. equately resolved.
You must now wait for the psychosocial assessment.
39
SECTION 7
Psychosocial
Assessment
(Home Study)
For the Mixed Bank it may take anywhere between a few months to 1.5
years, or more, until you are called for an assessment (home study). Wait
times can vary a lot depending on the criteria that you have submitted
for the child in terms of age, race, gender, life history and the number
of available children. Wait times can vary a lot depending on the criteria
that you have submitted for the child in terms of age, race, gender and
life history. For instance, newborn babies are in high demand and so
your wait for an assessment may be longer if this is the only age you are
willing to accept. Once again, you should call to make sure your appli-
cation is advancing. The type of children that are available at any given
time, as well as the workload of caseworkers in your youth centre can all
have an effect on the processing time of your dossier.
F or the assessment, the youth

centre will try to match you with
a social worker with the best possible
The duration of the assessment can
vary depending on the needs of chil-
dren in a given region; usually it
knowledge/understanding about the takes between six and eight weeks.
gay and lesbian community. At Bat- For international adoption, adoption
shaw the same is true for people from by consent and the Mixed Bank you
different cultural communities. A so- are assessed according to a standard
cial worker assigned to a particular protocol that is used across the prov-
home study must have an adequate ince. The assessment for fostering is
sensitivity regarding your ethnicity/ similar in content to that of the Mixed
religion/ sexual orientation, etc. If Bank and adoption. The criteria have
you feel this is not the case you may been agreed upon by the Ordre des
ask to be switched. psychologues du Québec, the Ordre
40
41
it is important to understand that from
the youth centre’s point of view they are
not “providing a child to a family” but
rather “proposing a family to a child.”
professionnel des travailleurs sociaux ship history, your sex life, the evolu-
du Québec, the DYP and the MHSS. tion of your couple’s relationship, your
relationship with your children (if you
Although it may seem like a gruelling already have a child), your (potential)
and intrusive process it is important child-rearing practices, your attitude
to understand that from the youth toward a child who is not biologic-
centre’s point of view they are not ally connected to you, your attitude
“providing a child to a family” but regarding the child’s biological family,
rather “proposing a family to a child.” your ability to establish and maintain
The job of the social worker is to get a relevant support network, the impact
as thorough and accurate a picture of of your plan on your family unit, your
your family dynamics as possible. extended family, your career, etc, etc,
etc… Your capacity as a parent will be
The social worker will meet with you a
tested in many ways.
number of times, with the couple and
on an individual basis. These visits take In addition to all the above-mentioned
place at the youth centre offices and in factors prospective parents must ac-
your home. You will be questioned on cept having their regular routine,
your motivation, your history of fertil- couple and family life turned upside
ity/infertility, your expectation of a ‘real down. They must also be ready and
child’ vs. a ‘dream child’, your family willing to collaborate with the work-
plan, your ability to accept and support ers in the youth centre network as
a child who may have developmental, well as other professionals who may
attachment or behavioural problems, be caring for the child. They must also
your socioeconomic, professional and be willing at times to be in contact
cultural situation, your personal hist- with the biological family. Finally they
ory and the personal history of your must accept the possibility that the
partner if you have one, your extended child might return to his/her family of
family, your health, your workplace and origin. Although this is rare for Mixed
career, your childhood, your relation- Bank children, it could happen.
42
Will I be assessed differently
because I’m gay?
A caseworker who has knowledge of the gay community should also be
savvy enough to assess gay and lesbian applicants by asking questions
that are especially pertinent to their status as future gay and lesbian par-
ents. For instance, a worker would be justified in wondering about how
“out” you are in the spheres of your daily life. It is legitimate to wonder
about whether a person who is partly in the closet is ready to raise chil-
dren in an open, proud, and assertive manner. It is not legitimate how-
ever for a worker to suggest that a child would do better in our house-
hold with a “toned down” identity.
S ome caseworkers will even go

so far as to say that for many
reasons gay and lesbian parents
matches because gays and lesbians
can be more sensitive to cultural
issues because of their own minority
are often favoured for cross-cultural status experiences.
We were asked questions like, ‘How do you accept yourself as a

gay man?’ ‘How did you come out?’ ‘Are you out at work? ‘They
test how comfortable you are with your sexual orientation, the
strength of your personality and what you can offer to a child.’
It is legitimate to wonder about whether a person

who is partly in the closet is ready to raise chil-

dren in an open, proud, and assertive manner. It is
not legitimate however for a worker to suggest
that a child would do better in our household with
a “toned down” identity.
43
SECTION 8
From Assessment
to Placement
44
Once the caseworker involved in the assessment of the prospective par-
ents has finished his/her job a decision will be made based on his/her
assessment. All decisions, whether positive or negative, are reviewed
within the youth centre (by an assessment committee, or the head of the
adoption department, etc.). There are four possible outcomes:
Sometimes more information on the prospective parents is needed and the as-
1 sessment will continue.
The assessment is put on hold. For instance if the applicant(s) is seen as some-
2 how in transition (e.g. still grieving over fertility issues, there has been a recent
major loss such as the death of a child, the relationship is beginning or coming to an
end, or a couple is concurrently trying to get pregnant, etc). In any of these cases a
file can be put on hold for six months to a year and can be reactivated at a later point,
after further assessment.
The applicant is rejected. In this case the applicant(s) are entitled to a written
3 report. Some youth centres give this automatically, with others you must ask for
it. Usually the decision is final but the couple can try to re-apply at a later point. There
are many heterosexual couples that are turned down. A refusal is not an automatic
claim for homophobia. If you feel you were treated unfairly you can have your com-
plaint formally reviewed by the agency.
4
The applicant(s) is (are) accepted.
If the assessment is positive, a child will be

placed under your care normally within a per-
iod of a few days to two years, determined by

a number of factors including the parent-child
match, the strengths and weaknesses of your
family, the child’s characteristics and a number
of other criteria.
45
When the child is placed in the school supplies, activity allowances,
home, the applicants will be asked clothes, etc). While the child is still
to sign a contract designating them under youth protection (e.g. before
as a foster family (even in the case an adoption) the DYP will cover a
of the Mixed Bank). It states what number of expenses for your child’s
you need to provide for a child in welfare. At the same time the DYP or
this context and what the DYP will the biological parents retain parent-
provide to you (e.g. subsidies, dia- al authority over this child, unless
per allowance, formula allowance, the judge decides otherwise.
Can the birth

parents refuse me
because I am gay?
Although the law does not oblige the youth centre to tell the birth parents
about your sexual orientation, ethically it is important that they have at
least a general idea of the type of family in which their child has been-
placed. The child’s biological parents can of course make a homophobic
statement if they like but it is not necessarily taken into consideration. In
the case of the Mixed Bank the youth centre decides what is in the child’s
best interest. Sometimes the court decides to keep the identity of the
foster family confidential. All decisions are made according to the best
interests of the child.
Mixed Bank parents are sometimes like partners with the bio-
logical parents. Our boys’ mother wasn’t opposed to the
fact that we were gay once we sat down and had a talk with
her. When she knew a bit about us she was more at ease. I’d
like to think that it made it more relaxed and easier for her.
Thomas and Marc – adoptive fathers of two boys ages seven and nine from the Mixed Bank.
46
Sibling placement
Many social workers who are looking for long-term placements for chil-
dren who come into their care will make a special effort to try to keep
siblings together. If for one reason or another this is not possible then
they will try to find different families who are willing to maintain the links
between children from the same biological parents.
I n some youth centres, a prospective

family who is willing to accept a pair
of siblings into their home will be fa-
and attention of the new parents, or
their needs are too great to be met by
one family. If psychological fragility is
voured over a home where the future evident, it may sometimes be wiser
parents only want one child at a time. to place children in different homes
where they can get all the attention
On the other hand, certain casework- they require, while still allowing them
ers in youth protection indicated that to have contact with each other. Some-
sometimes having siblings together times social workers will try to place
can be complicated, as needy chil- siblings in separate families that agree
dren from neglected backgrounds can to keep in contact in order to maintain
feel the need to compete for the love the links between the children.
47
Matching Parents and
children by ethnicity
and other factors
At Batshaw Youth and Family Centres caseworkers will try as much as
possible to match children with parents from the same racial or cultural
background as the child. Interestingly, Batshaw caseworkers stated they
often found gay and lesbian parents to be more open to ethnocultural di-
versity and more sensitive to the needs of a child of double minority stat-
us (i.e. adopted and racial minority) regardless of their own ethnocultural
identities. Perhaps their own backgrounds as part of a sexual minority
have sensitized them to cultural differences.
T here are a number of other fac-

tors that might make you a good
match for a particular child. Know-
In our case we felt strongly
about not wanting to adopt a
ing sign language for instance would

child who had severe cognitive
bring your application to the top of the or physical disabilities. In terms
pile if a hearing- impaired child were of race or age however we were
in the DYPs care. Many other match-
much more open. This probably
ing scenarios can be envisioned.
helped move our file forward.
In all cases caseworkers will choose
Nadia and Annik – mothers in the process
the family that best fulfils the needs of of adopting a two-year-old son through the
a given child. Mixed Bank.
Interestingly, Batshaw caseworkers stated they

often found gay and lesbian parents to be more
open to ethnocultural diversity and more sensi-
tive to the needs of a child of double minority
status (i.e. adopted and racial minority) regard-
less of their own ethnocultural identities.
48
49
Supervised visits
with the birth parents
During the period before the child becomes adoptable some parents ex-
perience significant stress as they see the biological parents as a threat
to their plan to adopt. Other parents however find that meeting the bio-
logical parents relieves stress as it de-dramatizes their idea of what these
parents may be like. Meeting with biological parents may also help adopt-
ive parents understand their child a bit better.
T he court can order supervised vis-

its between the child and his/her
biological parents. The child’s social
the child’s biological family even
after the adoption is finalised. Al-
though open adoption is not legally
worker will coordinate meetings with recognized in Quebec, nothing stops
the biological parent(s) and in most adoptive parents from making their
cases these are organized at the of- own arrangements with biological
fices of the youth protection agency. family members if they see this as
Sometimes the future adoptive par- being in the interest of the child.
ents are also present. In certain cases
the judge orders that the identity of Agreements can be, for example, a
the future adoptive parents remain visit around birthdays or holidays
confidential.
Our boys have a strong emotional attachment to
In the long run
many parents their biological mom. Even our younger one who
feel that it is in would have known her only for a few months seems
the child’s best to have memories of her. Though they have not seen
interest to be
her in more than three years, they continue to have
able to know
who his/her a strong connection to their mother and so destroy-
birth parents ing that would be like destroying a part of them.
are. The DYP
Terry and Mathieu – adoptive fathers of two boys ages seven and nine
does of course from the Mixed Bank.
keep the par-
ents’ names and identifying infor- with the biological family or an an-
mation, but in some cases adoptive nual photo exchange. Although
parents choose to go one step fur- keeping in touch can be in the in-
ther and will maintain contact with terest of the child and can even be
50
In the long run many parents feel that it
is in the child’s best interest to be able
to know who his/her birth parents are.
The DYP does of course keep the parents’
names and identifying information, but
in some cases adoptive parents choose
to go one step further and will maintain
contact with the child’s biological family
even after the adoption is finalised.
The youth centre told us everything we needed to know that

could affect our son’s life but of course there were personal
things that they didn’t share. We wanted to learn as much as pos-
sible so that we could tell him his mother’s story and so that
he could know that even though she had her difficulties she
still loved him. Perhaps we will maintain some kind of contact
in Quebec
with her, a yearly letter or a photo. For our son, but also for her.
au Québec
residing
Nadia and Annik – mothers in the process oùg a two-year-old son through the Mixed
Bank.
résidant
of children
a sign of goodwill towards the bio- connection with the biological fam-
d’enfants
logical parents, in the end, it is the ily if it is detrimental to the child or

fostering
adoptive parents who make the in general to the well-being of the

accueil
decisions and can terminate any adoptive family.

and
Adoption et
51
SECTION 9
Moving Towards
Adoption
How does the procedure work?

The information contained in this section is for general use only. Adoption
is highly technical and contains many rules. When in doubt it is always
best to consult a lawyer specializing in adoption.
T he basic requirements for an

adoption are the following: first
and foremost the adoption must be
ment in the child’s best interest.
The need for the child’s consent to
his/her adoption depends on his/her
in the child’s best interest. It is the age. Under 10 years old, the child’s
youth protection agency that will consent is not needed. From 10-
decide whether or not an adoption 13 years old inclusively, the child’s
should be pursued. There must be consent is needed but the court can
at least an 18-year difference in age defer judgement for a specific time
between the adopter and the child, or grant the adoption notwithstand-
unless the child to be adopted is ing the child’s refusal. As of 14 years
the adopter’s spouse’s child or the of age the child’s refusal is a bar to
court dispenses with this require- adoption.
52
53
In order for a child to be adopted, she/ adoption. These three steps complete
he must first become judicially eligible the adoption process (see below).
for adoption either by parental consent
or Quebec court order. Once this step In some cases, for a variety of reasons,
is completed, one must obtain from a child will never become adoptable.
the court an order of placement with The child may however be placed in
a view to adoption. Anywhere from the Mixed Bank parents’ home and
three to six months later, if all goes they may be authorized to exercise
well, the court will pronounce the final parental authority.
Eligibility for adoption

A child can become free for adoption either by parental consent or by a
judicial declaration of eligibility for adoption.
By Parental Consent:
Normally, both biological parents must consent. However it is sufficient to have

the consent of only one parent if:
A Only the one parent’s name appears on the act of birth. However, when the
father does not appear on the act of birth, the DYP will need to investigate
this further with the mother. If the father is identified, the DYP must make at-
tempts to contact him in order to verify his paternity and whether he agrees
to the adoption; the goal in so doing is to avoid legal complications later on
in the adoption process.
B The other parent is deceased.
C The other parent is unable to express his/her will.
D The other parent is totally deprived by the superior court of his/her parental
authority.
If both parents are deceased, unable to express their will or deprived of their par-
ental authority, the consent of the child’s tutor, if he/she has one, is required.
54
Consents must be given in writing before two witnesses. The same applies for
withdrawal of consent.
When parent(s) sign a general adoption consent, the DYP decides who will
adopt the child; the parents’ wishes may or may not be respected, and the
choice is made with the child’s best interest in mind. Normally the DYP will
only accept parents’ adoption consents when a clear and viable plan for the
child’s adoption exists.
Once the parents sign a general adoption consent, the DYP will exercise par-
ental authority until the order of placement. A parent who signs an adoption
consent may withdraw his/her consent (again before two witnesses) within
30 days; the child must then be returned to the parent unless of course there
exists other reasons why the child would not be returned to the parent (by
order of the court). After 30 days it becomes increasingly difficult for a parent
to withdraw his/her consent.
By Judicial Declaration of Eligibility for Adoption:
The second way that a child can become free for adoption is by way of a judicial
declaration of eligibility of adoption. The judge, in other words, must declare the
child “adoptable”. This may only be done in one of the following cases:
A Neither the mother, father nor tutor has ensured the child’s care, maintenance
or education for at least six months;
B Neither the paternal nor the maternal filiation of a child over three months old
has been established;
C The child’s parents have been totally deprived of their parental authority and
he/she has no tutor;
D The child has neither mother, father, nor tutor.
The latter three cases are clear, but very rare.
In all cases, the DYP must go before the courts. The first situation is the most
common and the most complicated and can be contested by the birth parents.
It requires that the DYP prove that the parents did not exercise their parental
authority (i.e. care, maintenance or education) consistently for a period of at
least six months.
55
Typically the DYP will attempt to establish that the parents:
A did not visit consistently;
B did not inform the DYP of their whereabouts;
C did not seek to find out how their child was doing;
D did not follow up on their child’s schooling, health needs and general
development;
E did not contribute materially to the maintenance of their child within the limits
of their economic situation;
F did not follow through on the measures the Court of Quebec, Youth Division may
have ordered intended to correct the situation;
It is obvious that in order to obtain a declaration of adoptability, there will need

to be strong evidence that the parents have severely neglected their parental
responsibilities for at least six months. This being said however, the DYP does
not need to prove that the child was totally abandoned (zero contact) for six
months, contrary to what one can sometimes hear. As well, the fact that parents
(with intellectual deficiencies or psychiatric problems for example) are ‘doing
their best’ and are not ‘voluntarily abandoning’ their child does not mean that
their child cannot be declared admissible for adoption. The overriding factor will
be the child’s best interest.
When it is established that the parents have not in fact exercised their parental
authority (care, maintenance and education), there is a legal presumption that
the parents will be unable to resume caring for their child in the future. Once the
court has made its decision, the biological parents or the DYP have 30 days in
which to appeal this decision.
The court can decide as well to refuse to declare a child eligible for adoption
if it concludes that the DYP or the foster parents have somehow hindered the
parents’ possibility of resuming their functions.
Once the judge has granted the declaration of eligibility of adoption, he/she will
designate the director of youth protection to exercise parental authority between
that day and the order of placement.
56
Order of placement
Once the child has been declared eligible for adoption, an order of place-
ment must be obtained. The DYP and the prospective parents file a motion
that the child should be placed in their home. They must show that the
basic requirements will be respected, that the adoption is in the best inter-
est of the child and if the child is old enough he/she must give consent.
Once the order of placement is granted and parental authority is transferred

to the adoptive parents, the child assumes his/her new family name and the
child cannot be returned to his/her birth parents. Six months later, or as early
as three months in certain circumstances, the adopters must return to court to
finalize the adoption.
Final Adoption
When the adopters return to court to finalize the adoption they go with
a report prepared by the youth centre caseworker outlining the child’s
progress and adaptation to the family, etc. This report will make the rec-
ommendation as to whether or not the adoption should be finalized.
If the court grants the adoption, the become adoptable but not necessar-
effects are that the child will have a ily within the same year. A number
new filiation with the adoptive family. of children who were placed in fos-
The filiation with the biological family
ter homes are eventually adopted

is severed. The child will have a new as well. In total, 79 children were
name and birth certificate.
adopted in 2006-2007 through the
At the CJM, about 50 new children Mixed Bank, by foster families and
per year on average are placed in regular adoption at the CJM.4 In the
the Mixed Bank. Most of them will same year there were about 38 inter-
4 2006-2007 Annual Report. Centre jeunesse de Montréal-Institut Universitaire.
57
national adoptions with the assist- There are only a handful of kids
ance of the CJM. Batshaw, a smaller each year that are adopted through
youth center had about 24 children adoption by consent. These are the
adopted through the Mixed Bank children whose parents have con-
and Fostering Program and about sented to the adoption. Because this
27 international adoptions. 1 The is the case for an extremely small
youth centre in Quebec City had 29 number of children the waiting list
adoptions via the Mixed Bank and for regular adoption is between five
34 international adoptions.2 and eight years.
Legislative changes
and average wait time
The delay between the child’s arrival in your home and the moment
when he/she becomes judicially eligible for adoption may vary. Many
Mixed Bank parents find this period particularly stressful as they and
the child have developed affective bonds but do not have a legal frame-
work to protect their relationship. At the same time visits from the
biological parents can increase the insecurity of the adoptive parents
regarding their adoption project. Statistics from the CJM-IU show that
since 1988 only 4% of the children registered in the Mixed Bank have
been returned to their family of origin. The statistics are most likely
similar throughout Quebec.
In June 2006 modifications were made of time that a child spends without a
to Quebec Youth Protection Act (in force permanent plan in place. At the end
as of July 9, 2007) to limit the amount of of this period, if the child cannot be re-
time a child can be left in a temporary turned to his/her biological family, vari-
placement before a permanent plan is ous options in the child’s best interest
put in place for his/her future. The idea will be evaluated. Adoption is one of
behind the law is to limit the amount the possible permanent plans.
5 Personal communication with Batshaw.

6 2006-2007 Annual Report. Centre jeunesse de Québec-Institut Universitaire.
58
It has been determined to be in the for children whose biological par-
best interest of children in place- ents are not capable of assuming
ment between zero and two years their parental responsibilities.
of age that a permanent plan be es-
tablished within one year. For chil- That being said, once a child has
dren from two to five years of age, been placed in a Mixed Bank home
18 months are given and for chil- the chances are very high that he/she
dren six years of age and over, two will eventually become adoptable.
years are given to find a permanent Unfortunately the waiting period is
placement. How this will play out in still sometimes long: according to the
practice remains to be seen, but this CJM-IU, the average wait between in-
is undeniably a step in the right dir- itial placement in a Mixed Bank fam-
ection favouring rapid implementa- ily and the declaration of eligibility for
tion of the DYP’s permanent plans adoption is 30 months.
59
SECTION 10
Services for
Foster Parents/Post
Adoption Services
The youth centres of Quebec provide financial and psychological support
to foster families, including those in the Mixed Bank. Social workers can
also direct families towards other resources within the community.
S everal youth centres give confer-

ences and offer information ses-
sions on various subjects for foster
a huge lack of resources. Because of
the need for post-adoption support,
which has historically received little
and Mixed Bank parents. attention in Quebec, some services
are beginning to develop. The Health
The youth centres can also assist adults and Social Service Centres (CSSS)
who were adopted through the youth have the mandate to develop post-
protection agencies and their biologic- adoption programs and in theory will
al parents to renew contact.. Success do this at some point in the future.
in doing so depends on whether or not The youth centres also have a bank
the parents are still alive, if their cur- of professionals in private practice
rent address can be tracked down, and to whom they can direct you. Do not
if they are willing to meet up with their hesitate to call and ask.
biological child or vice versa.
Two CSSSs in Montreal, the CSSS
Once you have legally adopted a child, Lac St-Louis (Pierrefonds) and CSSS
the child’s dossier is no longer active Jeanne Mance (Montréal Centre-Sud
within the youth protection agency and Plateau Mont-Royal) offer pre-
and you alone are responsible for and post-adoption services. As far
the child’s wellbeing and care. Par- as we know these are the only ones
ents with adopted children, whether available in all of Quebec. Even if no
the adoption was international or specific post-adoption service exists
national, may find themselves con- in your region, adoptive parents can
fronted with a variety of issues some- always consult their CSSS for spe-
what unique to adopted children, and cific needs.
60
The CSSS Lac St-Louis has pro- parents deal with the health challen-
grammes offered to parents with ges of newly adopted children. They
children adopted internationally, but also teach parenting skills to help
does accept local adoption families make your child’s arrival as smooth
on a case-by-case basis. If you have as possible.
specific issues, a recommendation
from a social worker can help you
CSSS Lac St-Louis
to be admitted to this program. Lac-
180 Cartier Avenue
St-Louis offers bilingual workshops
Pointe Claire, Quebec, H9S 4S1
as well as a regular drop-in support
Phone: (514) 697-4110
group for adoptive parents through-
E-mail: [email protected]
out the year. Their workshops cover
www.clsclacsaintlouis.qc.ca
themes such as attachment, resili-
ence, talking about adoption with
CSSS Jeanne-Mance
your child, the art of discipline, adop-
4625, avenue De Lorimier
tion for extended family, etc.

Montréal, Quebec, H2H 2B4
The CSSS Jeanne Mance organizes Phone: 514 525-1900
workshops on various subjects such
as differences between adopted and If you live in another region, consult
biological children, trauma and de- the list of CSSS provided by the Min-
velopment, loss, attachment, disci- istry of Health and Social Services:
pline and bi-racial families. Their
pre-adoption program includes http://www.msss.gouv.qc.ca/reseau/
workshops to help new adoptive rls/pdf/liste95csss.pdf
61
SECTION 11
The Youth Centres

of Quebec
The youth centres out in our community

Since 2003, Batshaw Youth and Family Centres have participated in Montreal’s
Divers-Cité pride festival. Because of the lack of foster parents, but also because
of the need for long-term commitments, they have set up a kiosk at the com-
munity fair to actively try and recruit gay and lesbian prospective parents. By
doing so Batshaw has rightly gained the reputation of being gay-friendly.
Both Batshaw and CJM-IU representatives have come to speak to LGBT family
groups in order to share information with prospective applicants.
62
Contact information
If you are interested in adoption or fostering or just want to find out more
you can contact the youth centre in your region:
Région 01 Région 05
Centre jeunesse du Bas-Saint-Laurent Centre jeunesse de l’Estrie
92, 2e Rue Ouest, bureau 209 594, boulevard Queen Nord

Case postale 3500 Sherbrooke, Quebec, J1H 3R7
Rimouski, Quebec, G5L 8V5 Phone: (819) 564-7100
Phone: (418) 723-1255
Région 06
Batshaw youth
Région 02 and family centres
Centre jeunesse du Saguenay-Lac-Saint-Jean
5, Weredale Park
520, rue Jacques Cartier Est Westmount, Quebec, H3Z 1Y5
Chicoutimi, Quebec, G7H 8A2 Phone: (514) 989-1885
Phone: (418) 549-4853 Phone number for mixed bank and
foster families: (514) 932-7161 ext. 338
Région 03 www.batshaw.com
Centre jeunesse de Québec
Institut universitaire
2915, avenue Bourg Royal

Région 06
Centre jeunesse de Montréal
Beauport, Quebec, G1C 3S2 Institut universitaire
Phone: (418) 661-6951 4675, rue Bélanger

www.centrejeunessedequebec.qc.ca Montréal, Quebec, H1T 1C2
Phone: (514) 593-3979
in Quebec
Région 04 Phone number for mixed bank:

Centre jeunesse de la Mauricie (514) 896-3150
au Québec
et du Centre-du-Québec
Phone number foster families:
residing
1455, boulevard du Carmel (514) 385-2318

résidant
Trois-Rivières, Quebec, G8Z 3R7 E-mail, adoption and mixed bank:

of children
Phone: (819) 378-5481 [email protected]

d’enfants
www.cjmcq.qc.ca www.centrejeunessedemontreal.qc.ca
and
Adoption et fostering
accueil
63
Centres jeunesse de l’Outaouais Centres jeunesse de Lanaudière
105, rue Sacré-Coeur 260, rue Lavaltrie Sud

Gatineau, Quebec, J8X 1C5 Joliette, Quebec, J6E 5X7
Téléphone : (819) 771-6631 Téléphone : (450) 756-4555
www.cjoutaouais.qc.ca
Région 15
Centre jeunesse des Laurentides
Région 08
Centre jeunesse de l’Abitibi-Témiscamingue 500, boulevard des Laurentides
700, boulevard Forest Saint-Jérôme, Quebec, J7Z 4M2
Val-d’Or, Quebec, J9P 2L3 Phone: (450) 436-1170
Phone: (819) 825-0002
Région 16
Centre jeunesse de la Montérégie
Région 09 25, boulevard La Fayette
Centre jeunesse Côte-Nord
Longueuil, Quebec, J4K 5C8
835, boulevard Joliet
Phone: (450) 679-0140
Baie-Comeau, Quebec, G5C 1P5
www.centrejeunessemonteregie.qc.ca
Phone: (418) 589-9927
Région 17
Région 11 Centre de santé Tuluttavik de l’Ungava
Centre jeunesse Gaspésie/Les îles
C.P. 759
205, boulevard York Ouest, bureau 100 Kuujjuaq, Quebec, J0M 1C0
Gaspé, Quebec, G4X 2V7 Phone: (819) 964-2908
Phone: (418) 368-1803
Région 17
Région 12 Centre de santé Inuulitsivik Baie d’Hudson
Centres jeunesse Chaudière-Appalaches Chemin Baie d’Hudson
100, Mgr Ignace-Bourget, bureau 300 Puvirnituq, Quebec, J0M 1P0
Lévis, Quebec, G6V 2Y9 Phone: (819) 988-2191
Phone: (418) 837-9331 www.inuulitsivik.ca
Centre jeunesse de Laval CSS Cri Hôpital Chisasibi
308, boulevard Cartier Ouest C.P. 360, Chisasibi

Laval, Quebec, H7N 2J2 Baie-James, Quebec, J0M 1E0
Phone: (450) 975-4150 Phone: (819) 855-2844
64
SECTION 12
Other resources
General information on the web

Quebecadoption.net
An excellent source of information about local and international adoption in Quebec, the coun-
tries open to international adoption, the process, the organizations and the parent groups. Al-
though there are a few English sections, most information is available only in French.
www.quebecadoption.net
Sainte-Justine Hospital Information Centre on Children’s Health
A vast selection of references for books and web-sites on a variety of topics including
adoption, that are geared to parents, teenagers and children. Click on “documentation
santé” and then adoption.
www.chu-sainte-justine.org/famille/
in Quebec
International adoption
au Québec
residing
résidant
Secrétariat à l’adoption internationale du Québec

of children
Phone: Montreal region (514) 873-5226 and elsewhere in Quebec: 1 (800) 561-0246
d’enfants
Fax: (514) 873-1709

fostering
accueil
http://www.adoption.gouv.qc.ca
and
Adoption et
65
Foster-parent resources
Canadian Foster Family Association
An association that unites the foster parent organizations in the provinces and territories
of Canada. The association is an advocacy group for foster parents as well as a central
resource for information and communication to and between the member organizations
and social service agencies associated with foster parenting (English only).
http://www.canadianfosterfamilyassociation.ca
Quebec Federation of Foster Families
The federation represents 14 affiliated foster family associations throughout Quebec.

The Federation assists the foster associations to represent foster families in their ne-
gotiations with the youth centres, partners with the Department on training and re-
source development and represents foster families involved in litigation with the youth
centres. The Federation also plays a role in informing the public about the role of foster
families and hosts training activities that complement compulsory training delivered by
the youth centre.
http://www.ffaq.ca
Help-lines
Éducation-coup-de-fil
A free and anonymous telephone service offered by a team of professionals to help

families who are experiencing problems that affect the parent-child relationship (0-18
years). This service is offered to parents, children and those who work with children.
A follow-up is possible with the same professional. Monday - Friday 9 a.m.- 4:30 p.m.
Wednesday and Thursday evenings from 6:30 p.m. – 9 p.m. There are a number of spe-
cialists on adoption in their team.
Phone: (514) 525-2573
Email: [email protected]
66
Parent associations
Association de Parents pour l’Adoption Québécoise (APAQ)
An association founded in 1996 with the goal of focusing on the adoption of children born
in Quebec. Their objective is to make known the needs of Quebec-born children as well as
to support the parents that are trying to meet these needs. Their wish is to help parents so
that each child is assured a stable, safe and secure family environment. The association
is open to those seeking to adopt as well as those who have already adopted, to share
resources, experiences, worries, joys, with people who are living a similar reality. The as-
sociation offers monthly discussion groups and guest speakers, as well as offering help
to single parents who have adopted.
3530 Jeanne Mance

Montreal, Quebec, H2X 2K3
Phone: (514) 990-9144
Email: [email protected]
www.apaq.quebecadoption.net
Fédération des Parents Adoptants du Québec (FPAQ)
An association of adoptive parents and future parents, in international adoption, that de-
fends the rights and interests of parents and children. The board is composed of volunteer
parents who wish to favour the exchange between parents who are engaged in one way
or another with adoption. The FPAQ regularly publishes the magazine: La Cigogne.
www.quebecadoption.net/adoption/FPAQ/fpaq.html
Lesbian Mothers Association of Quebec (LMA)
Founded in 1998, a bilingual group of lesbian, bisexual and transsexual mothers and moth-
ers-to-be providing community, exchanging information, sharing resources and having fun
doing family activities. The LMA advocates for the rights of lesbian mothers and their chil-
dren through contact with government bodies and the media. The web site contains an ex-
cellent book and video list, with a number of adoption related resources as well as a variety
of interesting links for LGBT parents. The LMA was at the origin of the book Ulysse et Alice,
the first children’s book published in Quebec featuring a family with two lesbian mothers.
Phone: (514) 846-1543

www.aml-lma.org
67
Parent associations (cont’d)
LGBT Adoption and Fostering Discussion Group
A group for lesbian, gay, bisexual and transsexual adoptive parents and future parents.
The group holds meetings every two months on a theme related to adoption or fostering,
with either a guest speaker or a discussion group. The group can be reached through
either the Lesbian Mothers Association or the Papa-Daddy Group.
The Lesbian Mothers Association of Quebec and the Papa-Daddy Group came together
to form the LGBT Family Coalition of Quebec (Coalition des familles homoparentales) to
further the social recognition of families with LGBT parents and to favour their integration
in Quebec society.
Papa-Daddy Group
Launched in 2005, Papa-Daddy is a bilingual group for gay, bi and trans men who are
actively parenting, as well as those who are looking to become parents.
www.papadaddy.ca
A project of the Lesbian Mothers Association of Quebec, the Papa-Daddy Group, and the
Research and drafting: Mona Greenbaum and Gary Sutherland

Graphic design: Jonathan Rehel for Six CreativeLab
Illustrations: Leanne Franson
We would especially like to thank Cathy Carroll, Rena Rubin, Marie-Josée Tremblay, Anne-Marie
Fournier, Léonard Lavoie, Michel Carignan, Judith Laurier, Sylvie Desmarais and Sym-Anthony
Davis for their generosity in spending so many hours with us so that we could truly understand
the context of the adoption and fostering of children residing in Quebec.
We would also like to thank the families interviewed for this guide. Names used throughout the
guide have been changed to protect the privacy of the families interviewed.
Ce guide est également disponible en français.
ISBN: 978-2-9810505-1-9
©2008 - Lesbian Mothers Association of Quebec, Pappa-Daddy Group, and LGBT Family Coalition.
68
Notes
69
This guide is a collaboration of:
Lesbian Mothers Association of Quebec (LMA)
Founded in 1998, a bilingual group of lesbian, bisexual and transsexual mothers and moth-
ers-to-be providing community, exchanging information, sharing resources and having fun
doing family activities. The LMA advocates for the rights of lesbian mothers and their chil-
dren through contact with government bodies and the media. The web site contains an ex-
cellent book and video list, with a number of adoption related resources as well as a variety
of interesting links for LGBT parents. The LMA was at the origin of the book Ulysse et Alice,
the first children’s book published in Quebec featuring a family with two lesbian mothers.
www.aml-lma.org
Papa-Daddy Group LGBT Family Coalition
Launched in 2005, Papa-Daddy is a bilin- The Lesbian Mothers Association of Que-

gual group for gay, bi and trans men who bec and the Papa-Daddy Group came to-
are actively parenting, as well as those gether to form the LGBT Family Coalition of
who are looking to become parents. Quebec (Coalition des familles homopar-
entales) to further the social recognition of
www.papadaddy.ca
families with LGBT parents and to favour
their integration in Quebec society.

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Adoption and

Adoption and fostering of children residing in Quebec

The guide is dedicated to the thousands of children waiting for a ‘forever

The Future Parents------------------------------------------------------------------------ 26

Starting the Process---------------------------------------------------------------------- 37

Psychosocial Assessment (Home Study)------------------------------------------------ 40

From Assessment to Placement---------------------------------------------------------- 44

Moving Towards Adoption---------------------------------------------------------------- 52

Services for Foster Parents/Post Adoption Services------------------------------- 60

The Youth Centres of Quebec------------------------------------------------------------ 62

tion Secretariat (IAS), the agency access to marriage, couple rights,

tries is sometimes possible as a “single ing in Quebec.

heterosexual” person but this is not an

option for a gay or lesbian couple.

jurisdiction of the Ministry of one to another in the way services

Health and Social Services. Although are provided.

all youth centres must conform to

Protection Act, as well as Quebec’s sexuality was decriminalised in Can-

homosexual person to adopt a child Texte officiel :

In June 2002 the Law on civil union and

We knew we wanted to have a child, but international adoption was be-

The goal of the Mixed Bank was therefore to find stable

Adoption by Special Consent------------------

2 The report and proposals on this subject can be found at:

Who are they?

M ost of these reports are linked

Some of the children have relational When we got our son we

an older child is more likely to have prospective adoptive parent to make

C aseworkers are assigned to the

the right to make decisions with re-

Who wants to adopt or foster a child

In the context of my work I encountered a number of situations where

We were looking to get pregnant through a fertility clin-

T here is also the idea that children

Sometimes the questions they asked seemed impertinent. I think

perhaps I would have been offended and wouldn’t have continued.

Bisexual and transsexual applicants

W e did not encounter any trans-

fere with their ability to parent

You must be 25 years and older and have

Canadian citizenship or landed immigrant

status. You can be single, married, in a civil

union or a common law relationship.

I f your youth centre asks you to come

stagnate because one of the referees

You must now wait for the psychosocial assessment.

F or the assessment, the youth

S ome caseworkers will even go

We were asked questions like, ‘How do you accept yourself as a

It is legitimate to wonder about whether a person

who is partly in the closet is ready to raise chil-

If the assessment is positive, a child will be

iod of a few days to two years, determined by

Can the birth

I n some youth centres, a prospective

T here are a number of other fac-

ing sign language for instance would

Interestingly, Batshaw caseworkers stated they

T he court can order supervised vis-