The draft Regulation respecting the adoption without a certified body of a child domiciled outside Québec establishes conditions and procedures for Québec residents seeking to arrange an intercountry adoption without using a body certified by the Minister under the Youth Protection Act. The draft would allow such arrangements only for prospective adopters who receive the required authorization or assistance from the Minister Responsible for Social Services. It also introduces a two-stage process in which a proposed adoption must first be declared admissible before the prospective adopter may receive permission to undergo a psychosocial assessment.

The draft identifies specific circumstances in which an adoption may be declared admissible. These include certain adoptions involving relatives where the child’s life or health is at risk, adoptions involving children in countries where no certified body is available and nationality restrictions apply, and adoptions involving children with whom the prospective adopter has an important relationship. The latter category includes children facing serious risks to their life or health or children whose disabilities or biological characteristics have resulted in rejection by their community. The rules also cover children in the care of public child protection or adoption authorities elsewhere in Canada where the authority has identified the prospective adopter as an important person to the child.

The Minister may reject a proposed adoption when conditions in the child’s State of origin or guarantees provided to the child, parents, or prospective adopter are inadequate. The Minister must also consider any adoption agreement between Québec and the child’s State of origin. Prospective adopters must provide extensive information about themselves and, where applicable, the child, birth parents, family relationships, previous caregivers, communications, and steps already taken toward adoption. The Minister may require certified copies of foreign legal provisions, legal opinions, additional verification, or an interview.

Once a proposed adoption is found admissible, the prospective adopter has 60 days to apply for permission to undergo a psychosocial assessment, although the Minister may extend the period for serious and valid reasons. Required documentation and proof of prior training must be provided. If the information is satisfactory, permission is granted. Following a positive psychosocial assessment, the Minister authorizes the prospective adopter to initiate adoption arrangements in the child’s State of origin under the Minister’s supervision.

The Minister may amend or withdraw an authorization if irregularities arise, legal requirements are not met, guarantees in the child’s State of origin become inadequate, information was misrepresented, the adopter fails to proceed diligently, or an updated psychosocial assessment is negative. Procedural protections again require written notice, an opportunity to provide observations, and a reasoned decision.

Quebec (Draft) September 22, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.