Indigenous Customary Adoption in Quebec: Bill 113 and First Nations Recognition

One of the most significant changes brought by Quebec's 2017 adoption reform — known as Bill 113, or the Act to amend the Code civil and other legislative provisions as regards adoption and the disclosure of information — was the formal recognition of Indigenous customary adoption. This recognition addressed a long-standing gap between Quebec civil law and the sovereign traditions of First Nations, Métis, and Inuit communities, who have their own systems for the "circulation of children" that predate Canadian law by centuries.

Understanding how this recognition works, and what it means in practice, matters both for Indigenous families navigating the system and for non-Indigenous prospective adoptive parents who may be considering adopting an Indigenous child.

What Is Customary Adoption?

In many Indigenous nations, children are not raised exclusively by biological parents in the nuclear family model assumed by Canadian civil law. Children may be raised by grandparents, aunts and uncles, or other community members through a process of customary transfer that is recognized within the nation's own governance and social structures. This has always happened — but Quebec's civil law previously had no mechanism to recognize it. Families who had practiced customary adoption for generations could find that it had no standing in Quebec courts for purposes like inheritance, school enrollment, or immigration.

Bill 113 changed this by creating a formal recognition pathway for customary adoptions that does not require going through the Court of Quebec in the conventional way.

How Recognition Works Under Bill 113

Instead of a court judgment, customary adoptions are validated through a Competent Authority — a body designated by the nation to certify the adoption according to the nation's own customs and traditions.

Several First Nations and Inuit authorities in Quebec are recognized as Competent Authorities for this purpose. The Cree Board of Health and Social Services of James Bay is one example. The Directeur de l'état civil maintains a registry of recognized Competent Authorities.

The process:

1. The customary adoption is conducted or recognized by the nation according to its own traditions
2. The Competent Authority issues a certificate confirming the customary adoption
3. That certificate is sent to the Directeur de l'état civil (DEC)
4. The DEC issues a new act of birth reflecting the customary filiation — typically while "maintaining meaningful identification" with the original family, as is traditional in many nations

The result is a legally recognized filiation established through Indigenous process rather than Quebec civil courts. This is a meaningful sovereignty recognition — the province is acknowledging that not all valid family structures flow through its own institutions.

The Effect on Civil Status

The new act of birth issued following recognized customary adoption gives the child civil status in Quebec consistent with the new filiation. This means the child can access inheritance rights, health care, education, and other rights associated with that family relationship under Quebec law.

Importantly, customary adoptions are generally structured to maintain the child's connection to their nation, community, and original family — unlike adoption plénière under the CCQ, which completely severs original filiation. This is consistent with both the traditions of many nations and with the broader principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which Quebec has committed to implementing.

Implications for Non-Indigenous Prospective Adoptive Parents

Non-Indigenous families considering adopting an Indigenous child should understand that:

The Aboriginal Child Placement Principle, while not codified in Quebec law in the same explicit form as in some provinces, reflects a general principle in child welfare practice. The DPJ is expected to give priority to placement within the child's extended family, then within their community, then within their nation, before considering placement with non-Indigenous families. This is not an absolute bar, but it is a significant consideration that affects matching.

Federal Bill C-92 (An Act respecting First Nations, Métis and Inuit children, youth and families, 2019) affirms the inherent rights of Indigenous peoples over child and family services. Some First Nations in Quebec are in the process of asserting their own jurisdiction over child welfare under this federal framework. As this evolves, it will affect how DPJ involvement works for children of those nations.

Cultural connection is a legal obligation. Quebec courts, when determining the best interests of an Indigenous child, are required to consider the child's cultural and community connections. Non-Indigenous adoptive parents of Indigenous children should be prepared to genuinely support the child's connection to their nation, language, and community — and the psychosocial evaluation will assess their capacity and willingness to do so.

A Note on Bill 41 and Ongoing Evolution

Quebec's relationship with Indigenous child welfare law continues to evolve. The province has been in discussions about how to coordinate Quebec law with federal Bill C-92 and with the self-governance assertions of various First Nations. Families with questions about specific nations or communities should work with their regional CISSS/CIUSSS and, ideally, legal counsel with experience in Indigenous family law.

For a broader overview of all adoption pathways in Quebec — including the public DPJ process, the Banque mixte, and international adoption — the Quebec Adoption Process Guide provides structured, plain-English guidance through the CCQ system.

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