Intercountry adoption: Which process to use
Some adopted people can apply directly for a grant of citizenship, while some must become permanent residents first. The information below will help you understand both processes and decide which to use.
You can apply for citizenship for an adopted person if:
- at least one adoptive parent was born or naturalized in Canada and was a Canadian citizen when the adoption took place;
- the adoption severs (or severed) all legal ties with the adopted person’s legal parents; and
- the adoption was or will be completed outside Canada (for adoptees destined to Quebec, the administrative legal procedures continues once the child is in Quebec).
You must use the citizenship process if:
- the adopted person is not going to Canada to live right after the adoption takes place
- you are an adult being adopted by a Canadian citizen, you are living outside Canada and not returning to Canada to live right after your application is approved.
You can use the immigration process to apply for permanent resident status for the adopted child if:
- the adopted child is going to Canada to live right after the adoption takes place, or
- one or both parents are Canadian citizens or permanent residents.
You must use the immigration process if:
- neither parent was a Canadian citizen when the adoption took place or was a Canadian citizen other than through birth in Canada or naturalization,
- the adoption took place before January 1, 1947,
- the adoption did not fully sever all legal ties with the child’s legal parents,
- the adoption will be completed in Canada, or
- a probationary period is to be completed in Canada before a final adoption order is issued from the child’s birth country.
Note:
A change to the law on April 17, 2009, in most cases limits citizenship by descent to one generation born outside Canada. This may affect children adopted from outside Canada if parents choose the citizenship route for adoption.
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