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3175.
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3180.More information
The writers examine the jurisprudential controversy, and the uncertainties resulting therefrom, concerning the notion of eligibility for adoption in connection with the de facto abandonment of a child. They point out the extent to which the best interests of the child play a vital role in determining what is meant by the idea that the duties of the parents have not "in fact" been taken in hand. These interests also figure in establishing the conditions under which the parents can reassume their duties. The writers indicate why the Court of Appeal has rejected the concept of "intentional abandonment", since it is viewed as a praetorian innovation incompatible with the words "in fact" found in paragraph 2 of article 559 C.C.Q.