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Adoption of a child from Inside/Outside of Canada

 

To sponsor an adopted child for permanent residency, two processes are to be completed:

– The adoption process, along with

– The sponsorship process for the immigration or citizenship.

 

The sponsorship process must be used in the following three scenarios.

– The adoptive parents were not Canadian citizens at the time of adoption.

– The adoption took place before January 1st1947

– The adoptive parents were both permanent residents themselves when the adoption happened.

 

Adoption process outside Canada:

International adoption can be a complex task because of the various hurdles such as immigration laws of either countries , laws in the child’s country among other social welfare laws.

The Hague Convention of Adoption referred in IRPP provides various standards and procedures of adoption. The main purpose of these standards are to stop any illegal adoption practices and to promote cooperation between countries.

The Hague Convention of Adoption have made several guidelinesand the authorities are required to ensure the under mentioned are followed:

 

– The adoptive child is free to be adopted.

– In the best interest of the child the birth parents have agreed to the adoption.

– Financial gain is not the motive behind child adoption.

The Hague Convention on Adoption also requires Employment and Social Development Canada (ESDC) to look after the following aspects of the adoption:

– The adoptive parents should be eligible and suitable to adopt a child.

– The suitable territories have decided the child will land and live in Canada permanently.

Also, there are several other requirements that are to be successful met before the adoptive parents can start the adoption process, such as:

– Home study
– Letter of no-involvement
– Letter of no-objection
– Letter(or notice) of agreement

Adoption process inside Canada:

As per Section 117(1)(g) the IRPR certain guidelines are set for the adoption process from inside Canada for the membership in the family class.

– The child should be under the age of 18.

– Adoption should not be for any purpose of getting any privilege or residency status under IRPA.

– The responsible authorities of the Province where the child will live should state in writing that they have approved the adoption as conforming to the convention.

Sponsorship for Permanent Residence

Permanent residency may be applied if parents to sponsor their child if

– The adopted child comes to Canada after the adoption and live with the adoptive parents.

– One or both parents are either permanent residence or Canadian citizens.

The adoptive person does not meet the requirement for the immigration process if

– The adopted child does not go to Canada to live with the adoptive parents.

– Person adopted who is living outside of Canada will not be coming to Canada to live the adoptive parents if application is approved

Adoption Process and Citizenship Process

Prior to December 23rd 2007 an adopted child did not automatically become a Canadian citizen but instead granted permanent residency and then the parents had to apply for citizenship on behalf of the child.However, since then a child who is adopted can apply for citizenship without even becoming a permanent resident only if the adoption was by a Canadian citizen after February 14th 1977.

There are various factors which an officer considers in granting citizenship to adopted child:

– Either of the adoptive parents was a Canadian citizen when the adoption took place.

– Because of the adoption all ties were cut between the child and the adopted child’s legal parents.

– Whether the adoption was or shall be done outside Canada (except for Quebec).

The adopted person does not meet the requirement for citizenship process if  the following factors that exist:

– Neither parent was a Canadian citizen had the time of adoption.

– The adoption itself happened before 15th february 1977.

– All ties were not completely cut with the child’s legal parents.

 

 

 

Post Author: Vikas Sharma

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