September 27th 1996 version
1. Article 522. of the Civil Code of Québec is modified by the addition, after the first paragraph, of the following:
<< Any person of 18 years of age or over has the right to know the type of filiation which unites him to his parents.
Any person of 18 years of age or over has also the right to know the type of filiation which unites his parents in the direct line.
There are two types of filiation:
1o filiation by blood;
2o filiation by adoption. >>
2. The Civil Code of Québec is modified by the insertion, after article 522., of the following:
<< Article 522.1. The registrar of civil status prepares the act of filiation.
The act of filiation states the name of the person, the type of filiation and the names of the parents or the adoptive parents.
Should there has been an adoption, the act of filiation also states the name of the authority which pronounced the adoption order and indicates, should it applies, the name of the organization which keeps the judicial and administrative files respecting the adoption of the adopted person.
Only the following persons may request a copy of the act of filiation:
1o the person mentioned in the act of filiation;
2o the descendants in the direct line 18 years of age or over of the person mentioned in the act of filiation;
3o the parents or the tutor of the descendants in the direct line under 18 years of age of the person mentioned in the act of filiation. >>
3. Article 583. of the Civil Code of Québec is repealed.
4. The Youth Protection Act is modified by the insertion, after section 72.6., of the following:
<< 72.6.1. Notwithstanding the provisions of section 72.5, confidential information concerning the parents and the adoptive parents contained in the judicial and administrative files respecting the adoptions of an adopted person may be disclosed according to the provisions of chapter IV.2. >>
5. The Youth Protection Act is modified by the insertion, after section 72.7., of the following chapter:
<< Chapter IV.2.
<< Access to information concerning the adoption
<< Division I
<< Agreement
<< 72.8. Before the adoption order, an agreement for the purpose of facilitating communication or maintaining relationships may be made by a prospective adoptive parent of the child and any of the following persons:
(a) a parent of the child;
(b) any other person who has established a relationship with the child;
(c) a prospective adoptive parent or an adoptive parent of a sibling of the child.
An agreement for the purpose of facilitating communication or maintaining relationships:
(a) may only be made after consent to the adoption is given by the parents or the tutor;
(b) may include a process to resolve disputes arising under the agreement or with respect to matters associated with it.
If the child is of sufficient maturity, the child's views must be considered before the agreement is made.
<< 72.9. After the adoption order, any of the following may register with the director to indicate their interest in making an agreement for the purpose of facilitating communication or maintaning relationships:
(a) an adoptive parent of a child under 18 years of age;
(b) a parent of an adopted child under 18 years of age.
If an adoptive parent of a child under 18 years of age and a parent of the child have registered under this section, the director:
(a) may assist them in reaching an agreement and may facilitate the exchange of non-identifying information;
(b) must, if they wish to exchange identifying information, disclose to each party the identifying information provided by the other party.
The second paragraph also applies if an adoptive parent of a child under 18 years of age and an adoptive parent of a sibling of that child have registered under this
section.
<< Division II
<< Disclosure
<< 72.10. The director may disclose identifying information to a person if the disclosure is necessary:
(a) for the safety, health or well-being of a child;
(b) for the purpose of allowing a child to receive some benefit.
<< 72.11. Any of the following persons:
(a) an adopted person of 18 years of age or over;
(b) an adoptive parent of an adopted person under 18 years of age;
(c) an adopted person's descendant in the direct line 18 years of age or over;
(d) the parent or the tutor of an adopted person's descendant in the direct line under 18 years of age,
may apply to the director for a copy of the following:
(a) the adopted person's original birth registration;
(b) the adoption order
(c) the judicial and administrative files respecting the adoption of the adopted person and other related documents;
(d) if they are deceased, the parent's medical records;
(e) all deceased parent's ancestor in the direct line's medical records.
When an applicant complies with the provisions of section 72.16., the director must give the applicant a copy of the requested records unless:
(a) a disclosure veto has been filed under division III;
(b) a no-contact declaration has been filed under division IV and the applicant has not signed the undertaking referred in that division.
<< 72.12. If an adopted person is 18 years of age or over, a parent named on the adopted person's original birth registration may apply to the director for a copy of the following:
(a) the original birth registration with a notation of the adoption and any change of name consequent to the adoption;
(b) the birth registration that, under the Civil Code of Québec, was substituted for the adopted person's original birth registration;
(c) the adoption order.
When an applicant complies with the provisions of section 72.16., the director must give the applicant a copy of the requested records unless:
(a) a disclosure veto has been filed under division III;
(b) a no-contact declaration has been filed under division IV and the applicant has not signed the undertaking referred to in that division.
Before giving the applicant a copy of the requested records, the director must delete the adoptive parent's identifying information.
<< Division III
<< Disclosure veto
<< 72.13. Either of the following persons may apply to the director to file a written veto prohibiting the disclosure of informations which could identify him contained in the records under sections 72.11. and 72.12.:
(a) an adopted person who is 18 years of age or over;
(b) a parent named in the adopted person's original birth registration referred to in subparagraph (a).
An applicant must comply with section 72.16.
A person who files a disclosure veto may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to disclose any identifying information;
(b) in the case of a parent, any available information about the medical and social history of the parents and their families;
(c) any other relevant non-identifying information.
When a person applying for a copy of a record is informed that a disclosure veto has been filed, the director must give the person the non-identifying information in any written statement filed with the disclosure veto.
No one can ask for a disclosure veto if the parties know each other mutually.
A person who files a disclosure veto may cancel the veto by notifying in writing the director.
Unless cancelled under the sixth paragraph, a disclosure veto continues in effect for a period of ten years or until 2 years after the death of the person who filed the veto.
While a disclosure veto is in effect, the director must not disclose any information that is in a record applied for under sections 72.11. and 72.12. and that identifies the person who filed the veto.
<< 72.14. An adoptive parent named in the adoption order of an adopted person referred to in subparagraph (a) of the first paragraph of section 72.13. may apply to the director to file a written veto prohibiting the disclosure of information which relates to him contained in the judicial and administrative files respecting the adoption of the adopted person.
An applicant must comply with section 72.16.
An adoptive parent who files a disclosure veto may cancel the veto by notifying in writing the director.
Unless cancelled under the third paragraph, a disclosure veto filed by an adoptive parent continues in effect for a period of ten years or until the death of the adoptive parent who filed the veto.
While a disclosure veto filed by an adoptive parent is in effect, the director must not disclose any information concerning the adoptive parent that is in the judicial and administrative files respecting the adoption of the adopted person.
<< Division IV
<< No-contact declaration
<< 72.15. A parent who is named in an original birth registration and who wishes not to be contacted by the person named as the child in the registration may apply to the director to file a written no-contact declaration.
An adopted person 18 years of age or over who wishes not to be contacted by a parent named in the original birth registration may apply to the director to file a written no-contact declaration.
An applicant under the first and second paragraphs must comply with section 72.16.
The director must not give a person, who is the object of a no-contact declaration, a copy of a record naming the person who filed the declaration unless the person applying has signed an undertaking in the prescribed form.
A person who is named in a no-contact declaration and has signed an undertaking under the fourth paragraph must not:
(a) knowingly contact or attempt to contact the person who filed the declaration;
(b) mandate another person to contact the person who filed the declaration;
(c) use information obtained under this Act to intimidate or harass the person who filed the declaration;
(d) mandate another person to intimidate or harass, by the use of information obtained under this Act, the person who filed the declaration.
A person who files a no-contact declaration may file with it a written statement that includes any of the following:
(a) the reasons for wishing not to be contacted;
(b) in the case of a parent, any available information about the medical and social history of the parents and their families;
(c) any other relevent information.
When a person applying for a copy of a record is informed that a no-contact declaration has been filed and that an undertaking has been signed under the fourth parargaph, the director must give the person the information in any written statement filed with the no-contact declaration.
A person who files a no-contact declaration may cancel the declaration by notifying in writing the director.
Unless cancelled under the eighth paragraph, a no-contact declaration continues in effect for a period of ten years or until two years after the death of the person who filed the declaration.
<< Division V
<< Various dispositions
<< 72.16. A person who applies to the director under this chapter must:
(a) supply any proof of identity required by the director;
(b) pay, if necessary, the fee required.
<< 72.17. In compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with or obtain from them any necessary information:
(a) a parent;
(b) if the parent is not available, a relative of the parent;
(c) an adopted person 18 years of age or over;
(d) an adoptive parent of an adopted person under 18 years of age.
<< 72.18. Any of the following persons may register with the director to exchange identifying information:
(a) an adopted person 18 years of age or over;
(b) an adopted person's descendant in the direct line 18 years of age or over;
(c) the parent or the tutor of a descendant in the direct line under 18 years of age;
(d) a relative 18 years of age or over of an adopted person.
If a person referred to in paragraph (a), (b) or (c), and a person referred to in paragraph (d) have registered under this section, the director must notify each of them and disclose the information provided by the other.
<< 72.19. The director has the right to any information that:
(a) is in the custody or control of a public body as defined in the Act respecting Access to documents held by public bodies and Protection of personal information
(chapter A-2.1);
(b) is in the custody or control of the Youth Court;
(c) is necessary to enable the director or a child and youth protection center to realize the purpose of this Act;
(d) is necessary for the health or safety of an adopted person.
Anyone that has custody or control of information to which the director is entitled to under the first paragraph must disclose that information to the director on request.
This section applies despite any other enactment.
<< 72.20. A person 18 years of age or over who has obtained a record under section 72.11. or 72.12. may apply to the director for assistance in locating any of the following:
(a) if the applicant is an adopted person:
1o a parent of the applicant;
2o an adopted sibling 18 years of age or over of the applicant;
3o if a parent of the applicant is deceased, a sibling 18 years of age or over of the applicant;
(b) if the applicant is a parent: an adopted child 18 years of age or over of the applicant.
A parent who signed a consent to the adoption of a child may apply to the director for assistance in locating the child 18 years of age or over.
After the death of a person who, as a child, was adopted under this Act, any of the following persons:
(a) a descendant in the direct line 18 years of age or over of the deceased;
(b) the surviving parent or the tutor of a descendant in the direct line under 18 years of age of the deceased,
may apply to the director for assistance in locating any of the following:
(a) a parent of the deceased;
(b) an adopted sibling 18 years of age or over of the deceased;
(c) if the deceased's parent is dead, a sibling 18 years of age or over of the deceased.
An applicant under the third paragraph must provide a copy of the deceased's death certificate.
After the death of a birth parent, a child 18 years of age or over of the deceased may apply to the director for assistance in locating an adopted sibling 18 years of age or over.
An applicant under the fourth paragraph must provide a copy of the deceased's death cerfificate.
No one is entitled to assistance under this section in locating a person who has filed a disclosure veto or a no-contact declaration.
If a person located by the director wishes not to be contacted by an applicant, the director must not disclose any information identifying the person.
If a person located by the director wishes to be contacted by an applicant, the director may assist them to meet or to communicate.
The director must inform an applicant if the person, whom the applicant requested assistance in locating, wishes not to be contacted, is dead or cannot be located.
<< 72.21. The adopted person 18 years of age or over has the right to obtain an attestation which confirms if a person is his parent.
The director is the person which gives this attestation.
The director must notify the applicant of the existence of a no-contact declaration filed by the parent.
<< 72.22. The director must disclose to a child and youth protection centre any information in the director's records, including information obtained by the director under section 72.19., if the dislosure is necessary to enable the centre to exercise the powers and functions given to the centre by or under this Act.
A child and youth protection centre must not use or disclose information provided under the first paragraph except for the purpose for which it was provided.
<< 72.23. Information provided to the director under sections 72.9., 72.18., 72.19., and 72.20. must not be used or disclosed for any purpose except for the purpose for which it was provided.
<< 72.24. This chapter applies despite any provision of the Act respecting Access to documents held by public bodies and Protection of personal informations (chapter A-2.1) and must be interpreted in accordance with any international Declaration on children's rights. >>
6. The Article 132. of the Youth Protection Act is modified by the addition, after the subparagraph (g) of the first paragraph, of the following:
<< (h) establish the conditions and the modalities which the director may intervene under the provision of chapter IV.2. >>
7. The Youth Protection Act is modified by the insertion, after section 134., of the following:
<< 134.1. Anyone who contravenes to any provisions of the fifth paragraph of section 72.15. commits an offence and is liable to a fine from 1 000$ to 10 000$.
<< 134.2. Anyone who omits, refuses, damages, hides or destroys information concerning a person applying under the provisions of chapter IV.2 commits an offence and is liable to a fine from 10 000$ to 100 000$.
The sum of the fine is payed to the applicant. >>