Parental Project and Common-Law Adoption Rights in Quebec

Couples who have lived together for years in Quebec often assume their relationship gives them the same legal standing as a married couple when it comes to adoption. It doesn't — or at least, it didn't until recently. Quebec's treatment of common-law partnerships (called unions de fait, or de facto unions) has historically been very different from most of Canada. A series of legal changes culminating in the 2025 Parental Union (union parentale) reforms has shifted the landscape significantly, but the picture is still not straightforward.

If you're a de facto couple in Quebec considering adoption, understanding the projet parental framework and the June 2025 legal changes is essential before you start the process.

What the Parental Project Actually Means

The projet parental — "parental project" in English — is a concept embedded in Article 538 of the Code civil du Québec. It establishes that filiation (the legal parent-child bond) can be created not just through biological connection or traditional adoption, but through the shared intention of individuals to become parents together.

This concept was originally developed to address assisted reproduction: when two people agree to create a child through a donor or surrogate, that shared intention becomes the legal foundation of their parenthood. Both partners in a parental project can be recognized as legal parents from birth, regardless of biological connection.

In the context of adoption, the parental project matters because it establishes the legal basis for a couple — including same-sex couples and, under the 2025 reforms, common-law couples — to adopt jointly. You're not adopting as two separate individuals who happen to be together; you're adopting as a legally recognized joint parental project. The distinction is subtle but it affects how the psychosocial evaluation is structured, how consents are obtained, and how the new birth certificate names the parents.

Quebec was the first province in Canada to fully recognize joint adoption rights for same-sex couples, well ahead of the rest of the country. This precedent was set through the parental project framework rather than through amendments to traditional adoption law.

Common-Law Couples and Adoption: The Historical Gap

For most of its modern history, Quebec's Code civil drew a sharp distinction between married couples, civil union partners, and de facto (common-law) partners. Married couples and civil union partners had automatic recognition across family law. Common-law partners — even those who had lived together for 20 years and had children — had far fewer automatic rights.

For adoption specifically, common-law couples could pursue adoption together, but their legal standing was weaker in certain respects, and the absence of formal property rights between de facto partners created complications if the adoption relationship broke down or if one partner died.

This created a paradox: a couple in a union de fait could successfully adopt a child together and be named as joint parents on the new birth certificate, but their underlying financial relationship with each other (and the child's relationship to the estate of a deceased partner) was governed by different rules than for married couples.

The 2025 Parental Union Reform

The union parentale (parental union) came into effect in June 2025 under amendments to the Code civil. This reform specifically addresses couples who have a child together (biological or adoptive) but are not married or in a civil union.

Key changes for adopting common-law couples:

Automatic property rights on separation. When a parental union couple separates, there are now baseline rules for dividing the "family patrimony" — similar to the rules that apply to married couples. This matters for adoption because it provides the adoptive family unit with legal stability that did not exist before.

Intestate inheritance for surviving partners. Before the 2025 reform, a de facto partner who had no will could die without their long-term partner inheriting anything automatically. Under the parental union framework, partners now have rights in each other's estates when there is a shared child.

No retroactive application. The parental union rules apply going forward. Couples who were in a de facto union before June 2025 do not automatically receive retroactive rights from the prior years of their relationship — only rights arising from the date of the reform's implementation.

For families adopting in 2025 or later, this means that a common-law couple who jointly adopts a child under the parental project framework now has significantly stronger legal standing than an equivalent couple would have had a year earlier. The adoption still goes through the same DPJ and Court of Quebec process, but the underlying family law context has changed.

Who Qualifies for a Parental Project Under Current Quebec Law

Under the current Code civil:

• Married couples, civil union partners, and de facto partners all qualify to submit a joint adoption application
• Same-sex couples have full joint adoption rights identical to opposite-sex couples
• Single individuals can adopt independently (Quebec's Civil Code does not require a couple)
• Applicants must be domiciled in Quebec — this is a jurisdictional requirement, not just a residency preference
• There must generally be at least an 18-year age gap between the adopter and the child, though courts can waive this for stepparent adoptions

The psychosocial evaluation (évaluation psychosociale) for a de facto couple will assess the stability of the parental union specifically. Evaluators will examine how long the couple has lived together, whether previous relationships produced children and what those outcomes were, and how the couple has handled significant life stressors. Being in a common-law relationship rather than a civil union or marriage is not a disqualification — the evaluation looks at the quality of the parental project, not the legal form of the partnership.

What This Means If You're a De Facto Couple Considering Adoption Now

If you're a common-law couple in Quebec thinking about adoption in 2025 or 2026, the practical implications of the parental union reform are:

1. Your joint adoption application remains structurally the same as it would have been before June 2025 — the process (DPJ, psychosocial evaluation, Court of Quebec) has not changed.

2. Your legal rights as a family after the adoption are now more closely aligned with those of married adoptive couples than they were previously.

3. You should still consult with a family lawyer about whether to formalize your union before or during the adoption process. For some couples, the property rights provided by the parental union framework are sufficient. For others — particularly those with significant assets or complex situations — a civil union or marriage provides additional protections.

4. If you're considering an international adoption, the SASIE (Secrétariat aux services internationaux à l'enfant) will assess your relationship as part of your dossier. Some countries of origin have restrictions on adoptions by unmarried couples; the SASIE will identify this for your specific country of interest.

The Quebec Adoption Process Guide covers the full evaluation criteria for de facto couples, including the questions the psychosocial assessor is most likely to raise about the stability of the parental union, and how the 2025 changes affect the financial planning sections of the assessment.

A Note on Stepparent Adoption

Common-law partners who want to adopt their partner's biological child have a separate path under the CCQ — the adoption de l'enfant du conjoint (adoption of the partner's child). This path requires the biological parent to consent and, where applicable, the other biological parent to consent or have their rights terminated. The 18-year age gap requirement is typically waived for stepparent adoption, and the court takes a streamlined approach given that the child is already integrated in the family. The parental union framework provides additional legal clarity for these situations as well, particularly around inheritance rights for the adopted child in the stepparent's estate.

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