Sponsorship of Adopted Children

Sponsorship of Adopted Children

Sponsoring Adopted Children for Permanent Residency in Canada

Canadian citizens or permanent residents who meet specific conditions have the opportunity to sponsor their adopted children to become permanent residents of Canada. Adopting a child from another country involves two processes: the adoption process and the immigration process.

The immigration process includes the following steps:

  1. Application for sponsorship.
  2. Application for permanent residence for the child.

Once the child arrives in Canada as a permanent resident, sponsors can apply for citizenship on the child’s behalf. However, it is essential that the adoption is finalized before the child can be granted citizenship.

Requirements for Sponsoring an Adopted Child

To sponsor a child for adoption from another country, sponsors must fulfill the following criteria:

  1. Be a Canadian citizen or a permanent resident (if sponsors are currently residing outside Canada, they must be living in Canada when the adopted child becomes a permanent resident).
  2. Live in Canada.
  3. Be at least 18 years old.

Requirements for Permanent Resident Status

For an adopted child to be eligible for permanent resident status, the sponsor must fall into one of the following categories:

  1. A Canadian citizen applying on behalf of an adopted child who is under 18 years of age at the time of application.
  2. An adopted person who is 18 years of age or older at the time of application and was adopted by a Canadian citizen.
  3. 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 at the time of adoption.
  4. 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 at the time of adoption.

Requirements for Intercountry Adoption

Intercountry adoptions involve various laws and procedures specific to the child’s home country. Different rules may apply if you are adopting a child who is related to you.

The Canadian immigration process recognizes two types of adoptions for children under 18:

  1. Adoptions completed outside Canada.
  2. Adoptions completed in Canada.

For immigration purposes, all intercountry adoptions must adhere to the following conditions:

  1. The adoption must be legally recognized in the child’s home country and the province or territory where the sponsor resides.
  2. The adoption must sever the legal relationship between the adopted child and their biological parents.
  3. A genuine parent-child relationship must be established between the sponsor and the child.
  4. The adoption must be in the best interests of the child.
  5. The primary purpose of the adoption should not be solely to gain permanent resident status for the child in Canada.

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

  1. Informed consent has been given by both biological parents (if they are alive).
  2. The child has been legally adopted outside Canada.
  3. The requirements of the Hague Convention have been met, if they apply.

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