Citizenship law and adoption

As of April 17, 2009, children born outside Canada to a Canadian parent are only 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).

These changes impact Canadian parents’ ability to pass on citizenship to children they adopt who are born outside Canada.

Children born outside Canada who are adopted by Canadian parents have two routes to citizenship.

Route #1: Citizenship by grant through direct route.

Children who were born outside Canada and adopted on or after January 1, 1947, can become citizens without having to immigrate to Canada. However, at least one of the adopting parents must have been born or naturalized in Canada.

Adopted people who become citizens through the direct route are limited in their ability to pass citizenship to their own children. Unless the other parent was born or naturalized in Canada:

• an adopted person’s children born outside Canada will not be Canadian citizens
• an adopted person cannot apply for a citizenship grant using the direct route for their adopted children

Learn more about who can apply for the citizenship process.

Route #2: Regular citizenship grant (naturalization)

Adoptive parents can sponsor their child to immigrate to Canada as a permanent resident. Once the child's permanent residence status is granted, the normal process of applying for citizenship can then be followed:

• The child’s parents can apply for the child to become a citizen.
• When the child turns 18, the child can apply on his or her own.

This is called citizenship by naturalization.

People adopted outside Canada who become naturalized citizens can pass citizenship to their children, even if their children are born outside Canada. If they adopt children from outside Canada, those adopted children would be eligible for a grant of citizenship through the direct route.

Learn more about sponsoring an adopted child to immigrate to Canada.

The scenarios below show how these two routes affect a child born outside Canada

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, who is not a Canadian citizen, 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 with a partner who is not born or naturalized in 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 because she is in the second generation born abroad, and Jacob does not have access to the direct route to citizenship for adopted children because his mother Michelle is in the first generation born abroad. 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 in the 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 because Tai is in the first generation born abroad. 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.

The table below summarizes the different routes to citizenship and how they affect adopted children.

Effective April 17, 2009

Note 1: Most parents who choose to have the adopted child acquire citizenship directly do so before their child comes to Canada. However, in some cases, adoptions are only finalized in Canada. In these cases, the law allows eligible parents to apply for citizenship for their child through the direct citizenship route after they arrive in Canada, even though they came here first as permanent residents. Adoptees who come through the immigration process and then apply for a regular grant of citizenship will be able to pass on their citizenship to children they may have abroad, or apply for a direct grant of citizenship to any children they may adopt abroad, while adoptees acquiring citizenship through the direct route will not be able to do so.

Note 2: These children may be sponsored to come to Canada as permanent residents and can apply for citizenship immediately after they become permanent residents.