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Canadian
law permits the adoption of children from
other countries provided you are a Canadian
citizen or permanent resident. To bring your
adoptive child to Canada, you must sponsor the
child for immigration. You can start
sponsoring a child as soon as you decide to
adopt or you can wait until after you have
found a child and have started the adoption
process.
There
are two processes that must be complied with
in order to undertake an international
adoption; the adoption process and the
immigration sponsorship process.
The
Adoption Process:
As
adoptions are the responsibility of the
provinces in Canada this process will vary
slightly from one province to another.
Basically,
all provinces will require a Homestudy
Report prepared by the provincial authority .
The
Homestudy Report
is an important early step in the
adoption process, and must
be satisfactorily completed before Citizenship
and Immigration Canada will process the
application for sponsorship. This
is a process in which an approved adoption
practitioner will meet with you and your
family to assess your suitability to adopt a
child, to determine if you have the ability to
become suitable parents, and if your home will
provide a good environment for the child.
The
Canadian citizen must comply with the adoption
laws of the child's country of origin, as well
as comply with the laws of their own province
of residence.
The
adoption laws of the child’s country of
origin will determine which provincial law
applies to the adoption. In the province off
Ontario, Canada, adoptions are governed by the
Child and Family Services Act, whereas
adoptions that are finalized in the child’s
country of origin are governed by the Intercountry
Adoption Act. The
provisions of the Hague Convention on
Intercountry Adoptions may apply to both
types of adoptions where the child’s country
has implemented the Hague Convention.
In addition federal citizenship and
immigration laws and policies, and the laws of
the child’s country of origin will also
affect the adoption process.
The
one rule that applies regardless of the
legislation being followed is that the
adoption must be conducted through the
services of a licensee or
licensed international adoption agency.
The Ministry authorizes and regulates the
licensees and licensed international adoption
agencies, and requires them to be
knowledgeable, ethical, and skilled in
adoptions. They are expected to comply with
the legislation, and with the intent and
spirit of the Hague Convention in all
international adoptions, including those
involving non-Hague countries. The licenses
are granted for a one-year period and can be
renewed annually, as long as the standards of
the Ministry continue to be met.
If
you are planning to adopt a child in another
country you must meet three requirements
before you leave Canada or complete the
adoption abroad. You must:
- Apply
to adopt through an Ontario licensed
international adoption agency;
- Obtain
a Homestudy prepared by an approved
adoption practitioner;
- Have
the appropriate officials in the Ministry
approve of your suitability based on a
review of the Homestudy and supporting
documentation.
The
Immigration Process
As
an adoptive parent of a child from another
country, you must apply to sponsor the child
for permanent residence in Canada. You may
apply for citizenship on the child's behalf
after the child is in Canada and has permanent
resident status. Citizenship and immigration
Canada will request a letter of consent from
your province showing that your province
agrees to the adoption. The immigration visa
will only be issued after the immigration
mission in the child's country of origin
receives this letter from your province.
The
child must meet a number of immigration
requirements before an immigrant visa can be
issued. The
Application for Permanent Residence Form 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
Citizenship and Immigration Canada in the
child's home country. This examination is
crucial to the child's acceptance in Canada,
and should be completed
as early as possible and, in any
case, prior to the adoption. 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 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.
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