Intercountry adoption: The immigration process – Who can apply
When you adopt a child from outside Canada, the immigration process has two parts:
- the application for sponsorship and
- the application for permanent residence for the child.
After your child arrives in Canada as a permanent resident, you can apply for citizenship on the child’s behalf.
Sponsorship eligibility
To sponsor a child from another country for adoption, you must:
- be a Canadian citizen or a permanent resident
- live in Canada and
- be at least 18 years old.
You may not be eligible to sponsor in some cases, such as:
- if you did not meet the requirements of a previous sponsorship agreement
- if you defaulted on a court-ordered support order, such as alimony or child support
- if you have been convicted of a violent criminal offence—depending on the nature of the offence, when it occurred and whether a pardon was granted or
- if you do not live in Canada now and do not plan to live full time in Canada when the child becomes a permanent resident.
If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements. Get more information on Quebec’s requirements.
Adoptions inside and outside Canada
Most adoptions by Canadian parents will take place in the child’s home country. Each country has different laws and procedures covering adoption by foreigners. For instance, some countries allow adoptions outside the child’s home country, while others only permit adoption inside the country. Not all countries allow foreign adoptions.
If you are adopting a child who is related to you, different rules may apply.
For immigration purposes, the adoption must be legal in the child’s home country and in the province or territory where you live in Canada. Canada’s immigration regulations also require that the adoption:
- creates a genuine parent–child relationship between you and the child
- ends the legal relationship between your adoptive child and the biological parents
- is in the best interests of the child and
- is not primarily to gain permanent resident status for the child in Canada.
The immigration process allows two types of adoptions of children under 18:
- Children adopted outside Canada
Adopted children may be sponsored to come to Canada if:- You have met the requirements of your province or territory, including a home study, and the province or territory has agreed to the adoption.
- Informed consent has been given by your child’s biological parents (if they are living).
- Your child has been legally adopted outside Canada.
- A genuine parent–child relationship has been created by the adoption.
- The visa officer is convinced you are not adopting primarily to gain permanent residence status for the child in Canada.
- The requirements of the Hague Convention have been met, if they apply.
- Children to be adopted in Canada
You may sponsor a child to come to Canada to be adopted if the following conditions are met:- You have met the requirements set out by your province or territory and it has agreed to the adoption.
- The adoption is not primarily to gain permanent resident status for the child in Canada.
- The child has been placed for adoption in the home country or the child is otherwise legally available for adoption.
Other requirements
Adopted children must have a medical exam before being issued a permanent resident visa. Your province or territory or its licensed adoption agency will tell you how and when it will take place. You must also sign a statement that you have obtained information regarding any medical conditions the child may have.
Intercountry adoption is complex. Other requirements may apply depending on the country from which you are adopting, and your home province or territory. Your provincial or territorial government office, or its licensed adoption agency will tell you about adoption requirements.
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