Adoption scenarios
The scenarios below show the impact of the new citizenship law on a child born outside Canada in four different circumstances.
Scenario 1: Child born to a Canadian parent outside Canada
Jackie was born in Canada. While living outside Canada, Jackie gives birth to Angela. Angela is born in the first generation outside Canada and is a Canadian citizen at birth. Jackie and Angela return to Canada. When in university outside Canada, Angela has a son, Edward. Edward’s father is not a Canadian citizen. Edward is not a citizen of Canada. Angela may apply to sponsor Edward to immigrate to Canada as a permanent resident. If he is granted permanent residence, Angela can apply on her son's behalf to be granted citizenship immediately.
*If Angela returns to Canada to give birth to her son, Edward would automatically be Canadian, by virtue of being born in Canada.
Scenario 2: Child born outside Canada and adopted by a Canadian parent. Child is sponsored to come to Canada as a permanent resident, then obtains citizenship through a regular grant (naturalization).
Jeannette was born in Canada. She adopts a child, Marco, who is born outside Canada and applies to sponsor him to come to Canada as a permanent resident. Marco comes to Canada and is granted permanent residence. Jeannette immediately applies on Marco’s behalf for a regular grant of citizenship (through naturalization). When Marco grows up, he leaves Canada to work overseas. While overseas, he gets married and his wife gives birth to their son, Eugene. Eugene is a Canadian citizen at birth, and is in the first generation born outside Canada. However, if Eugene has a child outside Canada, this child will not be Canadian at birth.
*If Marco returns to Canada for the birth of his son, Eugene would automatically be Canadian, by virtue of being born in Canada. This would mean that if Eugene has a child outside Canada, his child would automatically acquire Canadian citizenship at birth.
Scenario 3: Child born outside Canada and adopted by a Canadian parent. Child receives a citizenship grant through the direct route.
Frederic was born in Canada but moves to live in Austria. Frederic adopts Michelle, who was born in Austria, and applies for Michelle to be granted citizenship through the direct route. Michelle is a Canadian in the first generation born outside Canada. Michelle grows up with Frederic in Austria. Michelle remains in Austria and has a daughter, Sylvie, and adopts another child, Jacob. Both children are born in Austria. Sylvie is not a Canadian citizen at birth and Jacob does not have access to the direct route to citizenship for adopted children.Both may be eligible to be sponsored for permanent residence if the family intends to live in Canada once the children are granted permanent residence.
Scenario 4: Child born outside Canada and adopted by a Canadian parent. Child is sponsored to come to Canada as a permanent resident, then obtains citizenship through the direct route.
José was born in Canada but moves to live in China. José adopts Tai, who was born in China, and applies to sponsor her to come to Canada as a permanent resident. José and Tai come to Canada and Tai is granted permanent residence. José immediately applies for Tai to be granted citizenship through the direct route even though Tai is a permanent resident. Once Tai is granted citizenship through the direct route, she is considered a first generation born-abroad Canadian. When Tai eventually goes to England to study in University and has a child, her child, Margaret, is not a Canadian citizen at birth because she is second generation born abroad. In addition, if Tai were to adopt a child in London, her adopted child would not have access to the direct route to citizenship for adopted children. Both may be eligible to be sponsored for permanent residence if the family intends to live in Canada once the children are granted permanent residence.
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