Adoption

The intent of the family class program is to facilitate the reunion in Canada of Canadian citizens and permanent residents with their close relatives. In the case of adoptions, it is also the intention to ensure that the best interests of the child are protected.

Intercountry adoption
Determine which process to use – Immigration or Citizenship
Immigration process
Citizenship process
Process of Adoption
Refusal of Application

Intercountry adoption
Intercountry adoption (also called international adoption) is a process that recognizes an individual or couple as the legal and permanent parent(s) of a child from another country. An intercountry adoption complies with the laws of both the sending and receiving countries.

For all intercountry adoptions, you must complete two separate processes:

•The adoption process; and
•The immigration or citizenship process.

In Canada, adoption comes under provincial or territorial jurisdiction. To be eligible to adopt a child, you must meet the adoption requirements of:

•the province/territory where you live if you are living in Canada, or the country where you live if you are living abroad
•the adoption authority of the country where the child lives

Contact your provincial or territorial adoption authorities or the adoption authority of the country where you live if you are living abroad. They will:

•tell you if you need to contact a licensed adoption agency
•advise you on the adoption laws of the country from where you want to adopt

•explain the requirements of the Hague Intercountry Adoption Convention.

Hague Convention
As a country that ratified the United Nations Convention on the Rights of the Child in 1991, Canada is committed to making sure that the best interests of the child is the top priority in all domestic and international adoptions.

Canada is a party to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoptions. The Hague Convention aims to protect children and their families against the risks of illegal, irregular, premature or ill-prepared adoptions abroad.

Adoption is a handled by the provinces. All of Canada’s provinces and territories have laws implementing the Hague Convention and Central Authorities.

What you need to know about international adoptions and the Hague Convention
Whether or not a child’s country of origin is a party, the provincial and federal governments in Canada follow the principles of the Hague Convention as much as possible.
The adoption authorities in your province or territory manage each adoption file. They can explain the rules you need to follow under the Hague Convention and for adoptions from a country that is not a party to the Convention. Find an intercountry adoption authority in Canada.
For Hague adoptions, the Convention states that the authorities in both countries agree to go ahead with the adoption as per the Convention. For non-Hague adoptions, requirements may vary from one country to another.
The Hague Convention forbids private adoptions in the child's home country.

Determine which process to use – Immigration or Citizenship process
If at least one adoptive parent wa s a Canadian citizen at the time of adoption or, for adoptions that took place prior to January 1, 1947, at least one adoptive parent became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949), and the adoptive parent is able to pass on Canadian citizenship by descent to the adopted person:

You can choose to use either the citizenship or the immigration process except in certain situations.

Exceptions:

You must use the citizenship process if:

•the adopted person will not live in Canada immediately after the adoption and citizenship processes are complete.

You must use the immigration process if:

•neither parent was a Canadian citizen when the adoption took place or for adoptions that took place prior to January 1, 1947, neither adoptive parent became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949), or
•you are subject to the first generation limit to citizenship by descent unless you are eligible to benefit from one of the exceptions to the first generation limit, or

•if both parents are permanent residents at the time of adoption.

Immigration process–Intercountry adoption
There are two processes that you must go through when you adopt a child from another country: the adoption process and the immigration process.

The immigration process has two parts:

1.the application for sponsorship; and
2.the application for permanent residence for the child.

After your child arrives in Canada as a permanent resident, you can apply for citizenship on the child’s behalf. However, the adoption must be finalized before the child can be granted citizenship.

Requirements to sponsor a child

To sponsor a child from another country for adoption, you must:

•be a Canadian citizen or a permanent resident (if you do not currently reside in Canada, you must do so when the adopted child becomes a permanent resident);
•live in Canada; and

•be at least 18 years old.

You may not be eligible to sponsor in some cases, such as:

•if you did not meet the requirements of a previous sponsorship agreement;
•if you defaulted on a court-ordered support order, such as alimony or child support;

•if you have been convicted of a violent criminal offence—depending on the nature of the offence, when it occurred and whether a record suspension was granted; or

•if you do not live in Canada now and do not plan to live full-time in Canada when the child becomes a permanent resident.

Requirements for permanent resident status
For your child to be eligible for permanent resident status, you must be:

•a Canadian citizen, born or naturalized in Canada, applying on behalf of the adopted child who is under 18 years of age at the time of application;
•an adopted person who is 18 years of age or older at the time of application, and was adopted by a Canadian citizen, born or naturalized in Canada;

•a legal guardian applying on behalf of an adopted child under 18 years of age at the time of application if the child had at least one Canadian parent, born or naturalized in Canada, at the time of adoption;

•a non-Canadian adoptive parent applying on behalf of an adopted child under 18 years of age at the time of application if the other parent is a Canadian citizen, born or naturalized in Canada at the time of the adoption.

Requirements for intercountry adoption
Most intercountry adoptions will take place in the child’s home country. Each country has different laws and procedures covering adoption by foreigners. For instance, some countries allow adoptions outside the child’s home country, while others only permit adoption inside the country. Not all countries allow adoptions.

If you are adopting a child who is related to you, different rules from the provinces and/or the country of origin may apply.

The immigration process allows two types of adoptions of children under 18. Depending on the law of the child’s home country, the inter-country adoption must either:

•be completed outside of Canada; or
•be completed in Canada.

For Canadian immigration purposes, all intercountry adoptions must:

•be legal in the child’s home country and in the province or territory where you live;
•end the legal relationship between your adopted child and his or her biological parents;

•meet the requirements of your province or territory, including a home study;

•create a genuine parent–child relationship between you and the child;

•be in the best interests of the child;

•not be primarily to gain permanent resident status for the child in Canada.

Children adopted outside Canada may be sponsored to come to Canada if:

•informed consent has been given by both of your child’s biological parents (if they are living).
•your child has been legally adopted outside Canada.

•the requirements of the Hague Convention have been met, if they apply.

Medical requirements
Adopted children must complete a medical exam before being issued a permanent resident visa. Your province or territory or a licensed adoption agency will tell you how and when it will take place. You must also sign a statement that you have obtained information regarding any medical conditions the child may have.

Intercountry adoption is complex. Other requirements may apply depending on the country from which you are adopting and your home province or territory. Your provincial or territorial government office will be able to tell you about adoption requirements.

Citizenship process–Intercountry adoption
To be eligible for a direct grant of Canadian citizenship, the adopted person must:

•not be a Canadian citizen,
•have at least one (1) adoptive parent who, at the time of their adoption, was or is a Canadian citizen, or for adoptions that took place prior to January 1, 1947, the person had to have at least one adoptive parent who became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949),

•not be subject to the first generation limit to citizenship by descent (unless eligible to benefit from one of the exceptions to the first generation limit), and

•meet the requirements of the Citizenship Act.

The first generation limit to Canadian citizenship by descent applies to foreign-born individuals adopted by a person who was a Canadian citizen at the time of the adoption, as well as to those whose adoption took place prior to January 1, 1947 by a person who became a Canadian citizen on January 1, 1947 (or after April 1, 1949, in the case of Newfoundland and Labrador). This means that children born outside Canada and adopted by a Canadian citizen are not eligible for a grant of Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act, if:

•their adoptive Canadian citizen parent was born outside Canada to a Canadian citizen; or
•their adoptive Canadian citizen parent was granted Canadian citizenship under section 5.1, the adoption provisions of the Citizenship Act unless their adoptive Canadian citizen parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

There are two exceptions to the first generation limit:

1.at the time of the person’s adoption, either of the person’s adoptive parents was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a Crown servant);
2.at the time of either of the adoptive parents’ birth or adoption, one of their parents (the adopted person’s grandparents) was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a Crown Servant).

Requirements for intercountry adoption
When a Canadian citizen adopts a child under 18 years of age, the adoption must meet the following requirements in order for the child to be granted citizenship:

•The adoption must be in the best interests of the child.
•The adoption will create a genuine relationship of parent and child.

•The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.

•The adoption must not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship.

•The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

If you are adopting a person 18 years of age or older

When a Canadian citizen adopts a person over 18, the adoption must meet the following requirements in order for the person to be granted citizenship:

•A genuine relationship of parent and child between the person and the adoptive parent existed before the person attained the age of 18 years and at the time of the adoption.
•The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.

•The adoption must not have been entered into primarily for the purpose of acquiring status or privilege in relation to immigration or citizenship.

•The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

Process for adoption
Sponsor submits sponsorship application to CPC-M indicating intention to adopt. Sponsorship names child to be adopted, or if the child has not been identified, indicates the country where the adoption will take place. CPC-M advises the adoption authority in the province/territory of intended destination of the sponsor’s intent to adopt, provides information related to the child or country where adoption will take place and requests letter of no-objection or notice of agreement. Provincial adoption authority requests a home study of parents from a competent authority. When the home study is received by province/territory, adoption authority prepares report on the competency of the parents and forwards it to the central adoption authority in the country where the child resides. The central adoption authority in the country where the child resides will review report and information on adoptive parents, match adoptive parents to a child, prepare an adoption proposal and forward the proposal to the adoption authorities in the province of destination. The provincial adoption authorities will review and assess information related to the child, provide provincial agreement and submit information to prospective parents for their approval. A notice of agreement signed by the parents and prepared by the province is forwarded by the province to the visa office and central adoption authority in the child’s country of residence. The visa office will match information on the immigration application, the sponsorship information downloaded from CPC-M and the notice of agreement to form a complete file and application. The notice of agreement should be considered as fulfilling the requirements unless visa office has reasonable grounds to believe that the process of the central adoption authority in the child’s country of residence lacks integrity and/or competency. If visa office is satisfied with the notice of agreement, it should then assess the child (applicant) against eligibility criteria and inform the provincial adoption authority of the results (applicant meets requirements). It in turn will inform the central adoption authority in the child’s country of residence. Adoption procedures will be completed by the central adoption authority and adoption papers will be issued and forwarded to the visa office. Once the adoption procedures have been completed and the final adoption order received, the visa officer may complete the immigration process and issue a visa.

Refusal of Application
If the application has been refused, the sponsor in Canada can file an appeal at the Immigration Appeal Division. See Refused Application.

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