Citizenship law and adoption
If you are a Canadian citizen, born or naturalized in Canada, who plans to or has already adopted a child outside Canada , changes to the citizenship law could affect you and your child . This depends on how your adopted child obtained – or will obtain – his or her citizenship.
The law
On April 17, 2009, the citizenship law was changed. The law :
- restored or gave Canadian citizenship to those who never had it or lost it and
- limits Canadian citizenship to the first generation born to Canadian parents outside Canada.
Understanding the change
Until the changes came into effect , Canadians could pass on their citizenship to endless generations born outside Canada.
To protect the value of Canadian citizenship , the law limits – with a few exceptions – citizenship by descent to one generation born outside Canada.
On April 17, 2009, parents’ ability to pass on their citizenship to children born or adopted outside Canada changed.
The limit means that children born outside Canada to a Canadian parent will be Canadian at birth if:
- one parent was born in Canada, or
- one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship through the regular citizenship grant process (also called naturalization).
Adopted children who meet these two criteria can also become citizens without first having to immigrate to Canada.
Children adopted outside Canada
Children who are adopted by Canadian parents outside Canada generally have two routes to citizenship.
1) Citizenship by grant though direct route:
On December 23, 2007, a direct route to citizenship became available for children born outside Canada and adopted by a Canadian parent. As a result of this change, adopted children can be granted citizenship without first having to immigrate to Canada.
At first the law applied to children adopted after February 14, 1977. On April 17, 2009, this rule was extended to those adopted outside Canada by Canadian parents on or after January 1, 1947.
Since April 17, 2009, this route is available for children adopted by parents who are Canadian citizens by birth in Canada or naturalization.
If a child adopted outside Canada who takes the direct route to citizenship has or adopts a child outside Canada, their child will not be Canadian at birth or eligible for a citizenship grant using the direct route, unless the other parent was born or naturalized in Canada.
2) Regular citizenship grant (naturalization):
Adoptive parents can also sponsor their child to come to Canada as a permanent resident, and the child can acquire citizenship through a regular grant. Children who follow this route must meet the usual requirements for permanent residence and citizenship.
This is also called citizenship by naturalization.
If a child adopted outside Canada who comes to the country as a permanent resident and obtains citizenship through a regular grant has any children outside Canada, their children would automatically acquire Canadian citizenship at birth, and any children adopted outside Canada would be eligible for a grant of citizenship through the direct route, without having to first become permanent residents.
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