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CANADA - CITIZENSHIP FOR ADOPTED CHILDREN

DISCLAIMER:
The following has been prepared by Colin R. Singer, Attorney At Law, for the intended reference by interested individuals and is not intended to create an attorney-client communication. This writing may be reproduced for the personal non commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein.
(Canadian Immigration and Employment Law)

On May 15, 2006, the Minister of Citizenship and Immigration introduced a new bill in the House of Commons to amend the Citizenship Act. The proposed legislation will allow children adopted abroad by Canadian citizens to obtain Canadian citizenship without first having to become permanent residents. As a result, the difference in treatment between children adopted abroad and children born abroad of a Canadian parent will be minimized. This new legislation will enable Canadian families who adopt foreign-born children to apply for Canadian citizenship without having to go through the immigration process.

In order for the adopted child to be granted citizenship, the adoption must conform to the laws of the province or the territory of residence of the adoptive parents. Adopted children will be able to acquire Canadian citizenship as soon as the adoption process is completed, providing that an application for citizenship is submitted in their name.

Should the bill receive Royal Assent, it will come into force on a date specified by the Governor in Council. This will be coordinated with the completion of necessary regulations.

Citizenship through adoption

Under the proposed legislation, a child adopted abroad by a Canadian citizen could be granted citizenship without any permanent residence prerequisite. This provision is intended to reduce the distinction between children born to and children adopted by Canadian citizens outside Canada. The adoption must be a legal adoption and in the best interests of the child in order to be recognized for citizenship purposes. These requirements are intended to help prevent child trafficking or abduction. Under the current legislation, a foreign child adopted by a Canadian must obtain permanent residence before an application for citizenship is made in the child’s name.

  • The proposed legislation will eliminate the permanent residence requirement for children adopted outside Canada by a Canadian parent, unless the parent chooses to go through the immigration process or the adoption is to take place in Canada.
  • Adopted children, just like children born to Canadians outside Canada, will not be subject to criminal or security prohibitions.
  • Upon application, adopted children will be able to obtain citizenship after the adoption is finalized.
  • The proposed legislation will also allow for a grant of citizenship to a person adopted as an adult (18 years of age or older) provided a genuine parent-child relationship existed at the time of the adoption and before the person turned 18.

Adoption applications in process

Should this amendment receive parliamentary approval, pending citizenship applications for children adopted outside Canada by a Canadian parent will be finalized under the current process. If the adopted child is found not to be eligible for citizenship under the current provision, CIC will then assess the application under the new provision.

If the legislation is passed, Canadian parents who adopt a child abroad may apply for citizenship in the child’s name under the new provision as soon as the legislation comes into force.