Droit+de+la+famille

//Droit de la famille—1704,// [1993] R.J.Q. 1 (C.A.):

Art. 627 in case = art. 577 in current CCQ Art. 629 in case = art. 579 in current CCQ
 * The CCQ articles cited in this case have different numbering in the current version of the CCQ


 * Facts:** The appellant is claiming her filiation with her biological father, the respondent. The appellant was born to her mother and the respondent. Her parents separated after her birth and her mother adopted the appellant in order to have the name of the father removed from the act of birth. The respondent agreed to the adoption. The appellant has never lived with or had contact with her father until recently.
 * Issue:** Can an adopted child claim a status different from the one conferred on them by their adoption?


 * Holding:** Appeal denied.

· Art. 627 CCQ states that adoption confers on the person adopted, a filiation which replaces their original filiation and that the adopted person ceases to belong to their original family · Based on the article above, adoption cuts all legal ties that the adopted person had with their original biological family. Despite the unique circumstances in this appeal, the status conferred on the appellant by her adoption cannot be reversed. · The appellant cites Art. 589 CCQ, which allows for a claim of status by an adopted person where that person’s filiation is not established by an act and possession of status consistent therewith – However, in this case, the appellant’s filiation is established by an act, her adoption by her mother, and possession of status consistent therewith · The appeal should be allowed · The usual effects of adoption do not apply in this case because of the unusual facts of the appeal · In this case, the biological mother has adopted her own child, thus no new filiation has been created and the appellant still remains a part of her original family (art. 627). The effects of the new filiation do not cease to exist (art. 629). · The claim of filiation by the appellant is not contrary to her act of birth and nothing should prevent her from having an adoptive mother and a biological father, particularly when the adoptive mother is also her biological mother
 * Reasoning:**
 * Dissent:**