Triad Rights to Information in Québec

This is the law in Québec

All birth records are confidential and unavailable to the general public since 1931. Individuals do not have the right to apply to the province for official copies of their records (i.e. hospital records, original birth certificates), but those in the adoption Triad do have the right to apply to Social Services for non-identifying information. This information should include the name of the hospital, details of the birth, first (given) birth names only, description of birthmother and maternal family, description of birthfather and paternal family.

All names in an adoption dossier are confidential, and no original, identifying names may be given to the other parties involved in the adoption. Adoptees and birthparents must apply via their adopting body (agency) for post-adoption records and non-identifying background information about the other party. Adoptees younger than 18 must have their adoptive parents apply for this information.

*Note on Private Adoptions:

Unfortunately, if you were privately adopted, the agencies (which are state bodies) will not have a file for you. If your adoptive parents knew your birth name and passed it on to you, you are incredibly lucky! Otherwise, your only hope is to register with every private group available (i.e. reunion registries). All the more reason to fight for the opening of sealed records, and original birth certificates.

Adoptees

Have the right to apply for and receive their non-identifying background information and medical history from the social agency which handled the adoption.

What you have a right to know:

• your given name at birth (but no last names)
• the hospital where you were born, and whether you received other institutional care (i.e. a maternity home, orphanage, or foster care).
• non-identifying information about a foster family situation if this applies to your case (especially in longer-term cases where they cared for you for a significant period of time).
• summary of the circumstances of your adoption
• physical descriptions of your birthparent(s), as available, and where they were born
• their ages, ethnic backgrounds, professions and religion, as available
• a medical history may or may not include details of the labour, the birthmother's health history, and where available, details of the birthfather's history (as the b-mother was the client, unfortunately his history is often missing -- sometimes the agencies didn't even ask about him, or if they did, his name wasn't always included in the file), where they were born (i.e. which province or country), plus other information pertaining to the health of both sets of grandparents, as well as your b-parents' siblings.

What you have a right to ask for:

• whether there is any personal letter in your file addressed to you, from your birth parent(s). This is the great exception, especially in older dossiers. Most birth mothers were never made aware that they had the right to do this, either at the time, nor that they could add to it later. This trend mostly appears in dossiers created once the worst of the negative attitudes toward birth mothers began to lift.
• to deposit a sealed letter in your birth parent's dossier from you to them, in case they ever check for it.
• to be placed on the waiting list for search programs (see Paid Searches) -- be sure to ask for the form -- you are not on the list until the correct paperwork has gone through, and you have received written confirmation of such. Even then, it's best to call at least once per year to verify where you are on the list. Bureaucracies need reminders, if your request is to stand out from the rest.

What you get:

All of the above, or much less of the above, depending on the circumstances of your adoption, the social worker assigned to write up your summary, and the vagaries of small changes to social agency policies. Always ask for the maximum amount of information, -- be specific -- and be prepared to ask again for any missing details. Persistence makes a big difference to succeeding at obtaining information in this realm, as in others. The social agencies have your file, and you have a perfect right to ask them to verify any detail which you feel needs clarification. Your file might end up being sketchy, but you have a right to every non-identifying detail.

What your Adoptive Parents have the right to apply for:

Your Certificate of Judgment (adoption order). It contains the name of the presiding judge, the lawyer who handled the adoption, your date of birth, your adopted name, your adopted parents' names, witnesses, name of the church or synagogue where your baptism took place, the date of the adoption finalization, and the number of your adoption order -- this is probably an adoptee's most important reference number. It can be extremely helpful later if you think you find a match elsewhere on the paper trail, plus it's one of the few pieces of information in your file which is your legal right to know.

Note: to those adopted in Montreal through Batshaw Youth & Family Centres (formerly Ville Marie, Red Feather, etc.). Shortly after PFMTL published information in 1996 on how to apply to Québec for a Certificate of Judgment, many members were refused and told to apply to Batshaw. When members called Batshaw to make the request, they were told that they have no right to the order, that it belongs only to the adoptive parents. We have to wonder at the timing of this change in policy -- it seems an arbitrary, internal change, and not a legal one.

PFMTL would be interested in hearing what you've been told about your Certificate of Judgment. Meantime, try to get it via your adoptive parents if you can.

Birthparents

Have the right to contact the institutions which handled the birth and adoption, to apply for and receive documents from before the adoption was finalized, as well as the right to insert additional information (health updates, personal letters) in their agency dossiers after the adoption.

What you have a right to ask for:

• non-identifying background information about the family into which your birth child was adopted (what was known at the time of the adoption)
• a copy of your hospital file, which is an option unavailable to adoptees, adoptive parents and birthfathers. This file belongs to the birthmother only. You must write to the hospital, Attn: Records Dept. Administration fees may apply.
• to deposit a sealed letter in your birthchild's dossier, in case the child later requests it.
• have the agency check whether there is any personal letter in your file addressed to you, from your birth child(ren) or the adoptive parents, and have them send it to you.
• to participate in the search programs (see Paid Searches) -- be sure to ask for the form -- you are not on the list until the correct paperwork has gone through, and you have received written confirmation of such. Even then, it's best to call at least once per year to verify where you are on the list.
  

Adoptive parents

Have the right to procure their child's non-identifying background information and medical history from the agency through which the child was adopted, prior to their child's 18th birthday. When the child reaches majority, s/he conducts his/her own inquiries.

What you have a right to ask for:

• the non-identifying background information for your child, including medical history, while your child is still under the age of majority (18 in Québec). Contact the agency which handled the adoption.
• in the event that your child suffers medical problems, and you need to reach the birth family to get more information, you can contact Social Services (or agency), who will then contact the birth family to find out what they can for medical reasons only. This contact remains confidential, and you may not meet them despite this circumstance. Also, to obtain this service and information, you must submit official documentation from a doctor confirming your child's condition and need.
• a copy of the Certificate of Judgment (adoption order), should you no longer have the document. You should already have one dating from the time of the adoption, if the adoption was legal. If you no longer have the document, you can get a replacement copy from Québec (administration fees will apply).
  

  To obtain Certificates of Judgment, write to:

  Greffier Adjoint
  Cour de Québec
  Chambre de la jeunesse
  410, Bellechasse
  Montréal, QC H2S 1X3

• The pay-per-search program is not available to a minor, and an adoptive parent may not apply for such on their child's behalf.

Parent Finders Montreal cannot guarantee that all the above information will apply in your case. For up-to-the-minute information on current rights, be sure to contact your agency, the Ministre de la santé et services sociaux, or refer to André Desaulniers' site. Know your rights, and don't allow them to be eroded.

English Menu | About | Help | Links | Menu français

Site Search Recherche du Site