Adoptions

International adoptions involve two distinct processes:

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

You and your adopted child must complete both processes before you can bring the child to live with you in Canada.

The adoption process

To be eligible for an international adoption, you must meet:

• the adoption requirements of the province or territory or the country where you live, and
• the adoption requirements in the child’s home country.

Provincial and territorial governments are responsible for adoptions in Canada. Some provinces and territories use licensed agencies to handle most of the adoption process. 

The Hague Convention governs international adoptions in many countries, including Canada. Different rules apply if the adoption was done in a non-Hague country.

The citizenship process or the immigration process?

The citizenship process

You can apply for citizenship for an adopted person if:

• at least one adoptive parent is, or was, a Canadian citizen when the adoption took place
• the adoption severs (or severed) all ties with the adopted person’s legal parents
• the adoption was or will be completed outside Canada (except for Quebec).

The adopted person does not meet the requirements for the citizenship process if:

• neither parent was a Canadian citizen when the adoption took place
• the adoption took place before February 15, 1977
• the adoption did not fully sever all ties with the child’s legal parents
• the adoption will be completed in Canada, or
• a probationary period is to be completed in Canada before a final adoption order is issued from the child’s birth country.

The immigration process

You can use the immigration process to apply for permanent resident status for the adopted child if:

• the adopted child is going to Canada to live right after the adoption takes place, or
• one or both parents are Canadian citizens or permanent residents.

The adopted person does not meet the requirements for the immigration process if:

• the adopted person is not going to Canada to live right after the adoption takes place
• you are an adult adoptee living outside Canada and not returning to Canada to live right after your application is approved.

Most of the information above was reproduced from CIC. For further legal advice, please contact us. We have extensive experience in international adoptions.