Bill 113: Quebec's 2017 Adoption Reform Explained

Quebec's adoption system changed fundamentally in 2017 with the passage of Bill 113 — formally titled An Act to amend the Code civil and other legislative provisions as regards adoption and the disclosure of information. If you are researching adoption in Quebec today, you are operating within the legal landscape this legislation created. Understanding what it changed — and what it did not — is essential for any family navigating the system.

The Era Before Bill 113: "Total Secrecy"

Before 2017, Quebec operated under what legal scholars described as a regime of "total secrecy" in adoption records. An adopted adult had no legal right to know the identity of their biological parents. Biological parents had no right to know the identity of the child's adoptive family. Original birth records were sealed and inaccessible in most cases.

This was not unusual for North America in the mid-20th century — most jurisdictions sealed adoption records. But Quebec maintained this regime longer than most, and the secrecy was more absolute. There was no registry system, no formal reunion mechanism, and very limited recourse for adoptees who wished to search for biological family.

What Bill 113 Changed

1. Access to Birth Records and Biological Identity

The most significant change was ending the era of total secrecy. Bill 113 established that:

• Adult adoptees (age 18+) have the right to access their original birth information, including the names of their biological parents
• Biological parents have corresponding rights to information about the child they placed for adoption

A biological parent can register a contact veto — a formal notice requesting not to be contacted — but they can no longer register an identity veto. Under the new system, a biological parent can say "do not reach out to me," but they cannot hide their identity from an adult adoptee who wants to know their origins.

This is a substantial philosophical shift. Pre-2017, the system treated the adoptee's origins as a sealed legal event. Post-2017, the system treats biological identity as information the adoptee has a right to know.

Mouvement Retrouvailles (www.mouvement-retrouvailles.qc.ca) is the primary organization supporting search and reunion for adoptees and biological parents under this framework.

2. Introduction of Adoption Simple

Before Bill 113, Quebec had only adoption plénière — full adoption that completely severs biological filiation. Bill 113 introduced adoption simple, a form of adoption that creates new legal parenthood without eliminating the original filiation bond.

This was a recognition that not all adoptions serve the child best through complete legal erasure of biological ties. An older child adopted by a relative, or an Indigenous child adopted within cultural traditions that value family circulation, may benefit from an adoption that maintains original identity while establishing new legal parents.

Adoption simple is entirely distinct from adoption plénière. Full adoption remains the standard and applies to most DPJ and international adoptions. Simple adoption is available for specific cases — typically intra-family adoptions, older children with strong existing identities, and Indigenous contexts.

3. Codification of Indigenous Customary Adoption

Bill 113 was the first time Quebec law formally recognized Indigenous nations' sovereign traditions regarding the placement and care of children. Under customary adoption, which varies by nation, children may be "circulated" between family members according to cultural tradition — without the Western legal concept of severing biological filiation.

The mechanism works differently from standard adoption: rather than a court judgment, the adoption is validated by a Competent Authority designated by the nation (for example, the Cree Board of Health and Social Services of James Bay). The Competent Authority issues a certificate that is sent to the Directeur de l'état civil, resulting in a new birth certificate that reflects the customary filiation.

This recognition was significant because many Indigenous adoptions had previously been invisible or legally problematic within the Quebec civil law framework.

4. Communication Agreements (Openness Agreements)

Bill 113 introduced voluntary communication agreements — formalized arrangements between adoptive families and biological families regarding ongoing contact, visits, photo exchanges, or letters. These can be structured around what serves the child.

An important nuance: these agreements are clinical tools for supporting a child's identity and wellbeing, not enforceable custody orders. They rely on the ongoing cooperation of all parties. Courts can be asked to review them, but the enforcement mechanism is weaker than a custody arrangement.

What Bill 113 Did Not Change

Bill 113 did not privatize Quebec's adoption system. The DPJ and regional CISSS/CIUSSS networks remain the primary route for domestic adoption. The prohibition on commercial or private adoption by strangers remains in place.

Bill 113 also did not change the fundamental legal structure of adoption plénière — full adoption is still irrevocable, still severs biological filiation completely, and still results in a new birth certificate replacing the original.

Bill 2 (2024): The Next Chapter

Bill 113 opened the door; Bill 2, which came into force in June 2024, pushed it further. Bill 2 expanded access to birth records and simplified the process for adoptees and biological parents to obtain information about each other. It also updated the framework for Parental Union (the property regime for common-law couples), which has implications for adoptive families formed outside of marriage or civil union.

For families adopting now, the practical effect of Bills 113 and 2 combined is that your child will, as an adult, have legal access to information about their biological origins. This is worth discussing in your psychosocial assessment — evaluators will ask about your stance on openness and how you plan to support your child's identity.

Implications for Families Adopting Today

If you are beginning the Quebec adoption process now, the Bill 113 framework shapes several things you will encounter:

• Your psychosocial assessment will likely include questions about your views on birth family contact and open records
• If you are adopting an older child, you may be asked to consider whether adoption simple better serves that child's situation
• You should understand that any child you adopt will, at 18, have a legal right to know their biological parents' names
• If an openness agreement is proposed during your DPJ process, you have the right to negotiate its terms

Understanding these provisions — not just the procedural steps of adoption, but the legal philosophy behind them — is part of what it means to navigate the Quebec system competently. The Quebec Adoption Process Guide covers Bills 113 and 2 in context, including how they affect the assessment process and what adoption openness looks like in practice.

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