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International Adoption and the Immigration Process

• General Information
• Responsibility for the Adoption and Protection of Children
• Foreign Laws
• The Hague Convention
• The Sponsorship of Adopted Children under Canadian Laws
• Adoption and Immigration: General Steps
• Questions and Answers
• Provincial and Territorial Requirements

GENERAL INFORMATION

This booklet is designed to serve as a guide to the process of international adoption and the entry of adoptive children into Canada. It provides information on the basic steps and procedures that must be followed. The guide begins with an overview of adoption and immigration, and then focuses on the steps to be taken in the process.

RESPONSIBILITY FOR THE ADOPTION AND PROTECTION OF CHILDREN

International adoption can appear daunting at first. Its complexity stems from the various legislations involved in the process: social welfare laws, immigration laws and, not least, the laws of the child’s country.

The responsibility for social welfare matters, including adoptions, lies with the provincial or territorial authorities. The ministry responsible for adoptions varies depending on the province or territory where the adoptive parents reside. For example, the authority might be the New Brunswick Department of Health and Community Services, Manitoba Family Services or Saskatchewan Social Services, to name a few. Each province or territory manages its own adoption legislation. If you are considering an international adoption, you should first contact the ministry or department in your province or territory to learn about its requirements (see list of provinces and territories).

Citizenship and Immigration Canada (CIC) is responsible for the immigration process that allows the child you have adopted or intend to adopt to come to Canada.

Although the process that leads to the issuance of immigrant visas in international adoption cases is a high priority for CIC, adoptive parents may encounter delays that might be perceived as nothing more than “red tape.” The domestic and international procedures that exist, however, have been established to protect the safety and well-being of children.

Immigration and adoption standards are put in place to ensure the protection and best interests of the parties involved. Essentially, adoption is a process that ensures that the child is provided with a suitable family environment although, on occasion, abuse and fraud unfortunately occur.

About 2,000 foreign children are adopted by Canadian citizens or permanent residents every year. These children are given high priority in the immigration process.

Inter-country Adoption Services (IAS) represents Human Resources and Social Development Canada (HRSDC) in its capacity as the lead federal department for inter-country adoption. IAS facilitates the development of pan-Canadian responses to issues between provincial/territorial jurisdictions and foreign countries, as well as gathering data and promoting research on inter-country adoption. It also acts as the federal central authority under the Hague Convention on Inter-country adoption.

FOREIGN LAWS

Laws regarding adoption by foreigners vary from one country to another. It is the responsibility of the visa officer to ensure that the adoption is legal according to the laws of the country in question. If the adoption has already occurred, the onus is on the sponsor to provide the documentation needed to establish this fact. An adoption legally completed in a foreign country will be given automatic legal recognition under the laws of all jurisdictions in Canada except in Quebec, where such recognition must be granted by a Quebec court after the arrival of the child.

Not all countries allow the adoption of children by foreigners. Some allow only a guardianship while others forbid any international adoptions. Potential sponsors should consult their provincial or territorial adoption authorities or the appropriate foreign embassy in Canada before applying for sponsorship to determine if adoption is allowed. The sponsorship of children under guardianship is not currently allowed under Canadian immigration regulations. See the telephone numbers and addresses of foreign embassies or consulates in Canada.

THE HAGUE CONVENTION

In May 1993, 66 countries, including Canada, reached an agreement on the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention on Intercountry Adoption). The Convention seeks to establish a cooperative framework between the countries of origin of children in need of adoption and their receiving countries to ensure that the child’s best interests are safeguarded. The Convention’s objective is to prevent abuses such as the abduction or sale of, or the trafficking in, children or any other improper financial gains. It also ensures proper consent to the adoption, allows for the child’s transfer, and establishes the adopted child’s status in the receiving country.

The Convention sets minimum international standards and procedures for adoptions that occur between signatory countries. Not every signatory country has yet ratified the Convention. In the case of adoptions taking place between countries that have ratified it, the Convention ensures greater protection from exploitation for children, birth parents and adoptive parents alike. Canada ratified the Convention in December 1996, and it came into force on April 1, 1997, in those provinces and territories that had taken the legislative steps required to conform to it.

Each country that is party to the Convention must designate a central authority to monitor requests for intercountry adoption. As adoption falls under provincial or territorial jurisdiction in Canada, each province and territory has its own central authority. The federal central authority coordinates matters between the federal departments and the provincial or territorial central authorities for adoption. It also assists the provincial and territorial authorities with the implementation of the Convention.

The central authorities of the receiving province or territory and the country of origin must agree to the child’s placement. The immigration requirements must be met before the adoption can take place and before a visa officer can issue an immigrant visa for the child.

When Does the Hague Convention on Intercountry Adoption Apply in Canada?

The Hague Convention applies only when the child to be adopted resides in a country that has implemented the Convention, and when the prospective adoptive parents live in a province or territory that has also implemented the Convention. All provinces and territories have implemented the Hague Convention. The central authority of the province or territory determines if the Convention applies to a specific case.

Prospective adoptive parents must fill out an application for adoption and present it to the central authority of their province or territory. They are advised to contact their provincial or territorial authority to obtain information on the adoption process and the provincial or territorial requirements.

THE SPONSORSHIP OF ADOPTED CHILDREN UNDER CANADIAN LAWS

Who Is Eligible to Sponsor?

Persons eligible to sponsor adopted children or children intended for adoption in Canada must be Canadian citizens or permanent residents, aged 18 or over, and living in Canada. Other eligibility criteria are outlined in the application kit Sponsoring a Family Class Relative.

Who May Be Sponsored?

There are two types of adoption cases:

• Children Adopted Outside Canada
  
  Children may be sponsored to come to Canada if they are under 22 years of age at the time of the sponsorship application and if they have been adopted outside Canada according to the laws of another country. A genuine parent-child relationship must be created as a result of the adoption.
  
  
• Children Adopted in Canada
  
  A child may also be sponsored as an intended adoptee to be adopted in Canada, if he or she is under 18 years of age at the time of the sponsorship application and:
  
  
  • the adoption is not primarily to obtain the child’s permanent resident status in Canada; and;
  • the child has been placed for adoption in the country where the child resides or the child is otherwise legally available for adoption.
  This type of adoption case is used where an adoption can not be legally completed in the child's country of residence.

  Adoptive parents should be aware that while some countries only allow for adoptions outside of the child's country of residence, others only allow for adoptions that take place in the child's country of residence.

ADOPTION AND IMMIGRATION: GENERAL STEPS

To determine if an adoption will be processed under the Hague Convention, first consult the section on the Hague Convention.

1. Home Study

The home study is an essential component of the adoption process. Its objective is to assess the ability of the applicants to parent an adopted child. It can include references, medical reports and other personal information, and is usually done by a licensed social worker approved by the province or territory of residence of the applicants.

The adoption process may vary from one province or territory to another. However, all provinces and territories require that a home study be completed before approving the arrangements for the adoption.

A home study will assist prospective adoptive parents in dealing with international adoption and its implications. Bringing up an adoptive child sometimes requires special skills. Children may have had a difficult start in life, or may have been deprived of emotional support or physical stimuli in an orphanage, or may even have suffered some health ailments. Adoptive parents will have to be prepared for the reactions of their family, racial and cultural differences, and adjustment problems. All the possible implications for both the adoptive parents and the child will need to be well thought-out before proceeding. Applicants should contact the central authority responsible for adoptions in their province or territory to obtain all relevant information on home studies.

2. Sponsorship

Once a home study has been done, adoptive parents begin the immigration process by completing an Undertaking Form, available in the application kit Sponsoring a Family Class Relative.

The undertaking is a binding commitment from the sponsors to provide the necessary care and support for the child they wish to adopt or have already adopted. The agreement remains in force for 10 years or until the child reaches the age of 25 — whichever comes first.

3. Fees

There is a fee for the sponsorship to cover the cost of processing the sponsorship and the visa application. Instructions for the payment of the fee are provided in the sponsorship kit.

Consult the fee schedule for current fees.

4. Processing the Sponsorship

The sponsoring parents are to send the undertaking with the correct fee to the Case Processing Centre (CPC) in Mississauga, Ontario (address provided in the kit). The name of the child may be left blank in the undertaking if the child has not yet been identified.

The CPC in Mississauga will process the family class sponsorship application and inform the appropriate Canadian visa office abroad once the sponsorship has been approved. The CPC will also send an Application for Permanent Residence to the sponsoring parents.

5. Overseas

The child must meet a number of immigration requirements before an immigrant visa can be issued.

The Application for Permanent Residence Form sent by the CPC must be completed on the child’s behalf. Sponsors can fill out the application form themselves and send it to the visa office, or they may send the form to the child’s guardian, who will complete it and forward it to the visa office.

The child must undergo a medical examination conducted by a physician designated by CIC in the child’s home country. This examination is crucial to the child’s acceptance in Canada. It cannot be emphasized enough that the medical examination should be done as early as possible in the process and, in any case, prior to the adoption. The results of the medical examination may affect the decision of the adoptive parents to go ahead with a particular adoption, especially in the case of a complex or difficult medical history. If the child is medically inadmissible in Canada, he or she will normally be refused a visa.

The visa officer must be satisfied that the adoption is not one of convenience (that is, solely for the purpose of facilitating the entry of the child or that of his or her relatives into Canada). The application for permanent residence may be refused if the visa officer concludes that the real purpose of the adoption is for the child to gain admission to Canada as a permanent resident and not to give a family to the child.

The adoption, or the proposed adoption, must not contravene the adoption laws of the child’s country of origin. If an adoption is subject to the Hague Convention on Intercountry Adoption, the terms of the Convention must be respected, otherwise the application will be refused.

A passport from the child’s home country permitting travel to Canada must be obtained for the child once a visa has been issued.

While these procedures may seem complicated and lengthy, they are adhered to by all agencies involved in adoptions for the protection of the child. Sponsors are urged to be patient and to follow these procedures. Adoption is a happy moment in the lives of both the sponsor and the child. Citizenship and Immigration Canada tries to make it as easy as possible for sponsors to bring their child home while ensuring that the process is legal and that it protects the interests of all parties in the process.

QUESTIONS AND ANSWERS

What is a letter of no involvement or no objection?

A letter of no objection, required by Immigration Regulation R117(3), is a written statement from the child welfare authority of the province or territory in which the child is to reside, confirming that the authority has no objection to the adoption. However, where an adoption is finalized abroad prior to the child’s immigration to Canada, some provinces or territories will issue a letter of no involvement which informs the visa office abroad that an adoption order that is legally granted in a foreign country will be recognized by the province or territory. It is important to note that no immigrant visa will be issued without either a letter of no involvement or a letter of no objection from the appropriate provincial or territorial authority.

What is a Notification of Agreement?

In cases where the Hague Convention applies, all adoptions must receive prior approval from the central authorities of the country of origin and the receiving province or territory before immigration procedures can begin. The province or territory where the child will reside must provide a Notification of Agreement instead of a letter of no objection. A Notification of Agreement is a written statement confirming that the province or territory agrees to the adoption.

What is an immigrant visa?

An immigrant visa is a document issued to the child which allows him or her to enter Canada to live permanently. When the child enters Canada, the immigrant visa must be presented to an immigration officer at the port of entry to complete the formal process of granting the child permanent residence in Canada. An immigrant visa expires one year after the medical examination of the child and must be used before that date.

Can I bring my adopted child to Canada before the immigrant visa is issued?

No. Before bringing their child back to Canada, adoptive parents must await notification that the child’s immigrant visa has been issued. This will avoid unnecessary delays and costs.

How does adoption affect the child’s relationship with his or her biological parents?

Adoption severs a child’s legal relationship with its biological parents. This means that the child cannot later sponsor these relatives for entry into Canada. The sponsorship of children under guardianship is not currently possible under immigration legislation because guardianship does not sever the ties between the child and the biological parents.

How long will the adoption process take?

As a member of the family class, an adopted child, or one who will be adopted, receives priority processing. However, many factors affect the length of processing. The time required to process the sponsorship itself should not exceed two weeks. The CPC in Mississauga endeavours to process them as quickly as possible. The overseas portion of the processing depends on many factors, such as the time required to complete the medical examination, for instance. In addition, complications in the adoption process will result in delays in the immigration process.

How do I check on the status of my case?

The CIC Call Centre will be able to inform you on the status of your case. When the CPC acknowledges receipt of your undertaking, it will give you a client identification number which you should use in any future enquiries regarding your case.

You can also use CIC’s e-Client Application Status tool to check your application status online.

PROVINCIAL AND TERRITORIAL REQUIREMENTS

As the requirements for international adoptions are subject to change and fall under provincial or territorial jurisdiction, we strongly recommend that you contact the province or territory where the child will reside for information, in particular regarding the home study requirements.