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Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

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THE FAMILY HI<br />

Section IV<br />

Effects of filiation<br />

291 All children whose filiation is established have the same<br />

rights and obligations with regard to their father and mother<br />

and to the families of their parents.<br />

CHAPTER II<br />

ADOPTION<br />

Section I<br />

Conditions for adoption<br />

292 No adoption may take place except in the interest of the<br />

child and on the conditions prescribed by law.<br />

293 The following persons may adopt;<br />

1. consorts living together;<br />

2. the spouse of the child's father or mother;<br />

3. consorts separate as to bed and board, consorts separated<br />

de facto, or divorced consorts, provided they had<br />

adopted the child de facto before the separation or<br />

divorce;<br />

4. any other person of major age.<br />

294 If one of the persons adopting dies after the motion for<br />

adoption is presented, the hearing may be continued and the<br />

adoption granted.<br />

295 If the person adopting is widowed and it is clearly<br />

established that his deceased spouse had intended to adopt a<br />

child, the court may grant adoption with regard to the person<br />

adopting and his deceased spouse.

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