Backgrounder

Amendment to the Citizenship Act: Adoption

Introducing an amendment

The Government of Canada has introduced a bill to amend the Citizenship Act. Should it receive Royal Assent, the proposed legislation would update the current law, which dates back to 1977.

Canada’s first citizenship legislation came into effect in 1947 and was replaced when a new law was enacted in 1977. Since then, inconsistencies have become apparent.

The amendment is based on previous legislative proposals and consultations: Bill C-63, introduced in Parliament in 1998; Bill C-16, introduced in 1999; Bill C-18, introduced in 2002; and Bill C-76, introduced in 2005. The amendment also responds to the recommendations made by the Standing Committee on Citizenship and Immigration in the previous Parliament.

Should the bill receive Royal Assent, it will come into force on a date specified by the Governor in Council. This will be coordinated with the completion of necessary regulations.

Citizenship through adoption

Under the proposed legislation, a child adopted abroad by a Canadian citizen could be granted citizenship without any permanent residence prerequisite. This provision is intended to reduce the distinction between children born to and children adopted by Canadian citizens outside Canada. The adoption must be a legal adoption and in the best interests of the child in order to be recognized for citizenship purposes. These requirements are intended to help prevent child trafficking or abduction. Under the current legislation, a foreign child adopted by a Canadian must obtain permanent residence before an application for citizenship is made in the child’s name.

• The proposed legislation will eliminate the permanent residence requirement for children adopted outside Canada by a Canadian parent, unless the parent chooses to go through the immigration process or the adoption is to take place in Canada.
• Adopted children, just like children born to Canadians outside Canada, will not be subject to criminal or security prohibitions.
• Upon application, adopted children will be able to obtain citizenship after the adoption is finalized.
• The proposed legislation will also allow for a grant of citizenship to a person adopted as an adult (18 years of age or older) provided a genuine parent-child relationship existed at the time of the adoption and before the person turned 18.

Adoption applications in process

Should this amendment receive parliamentary approval, pending citizenship applications for children adopted outside Canada by a Canadian parent will be finalized under the current process. If the adopted child is found not to be eligible for citizenship under the current provision, CIC will then assess the application under the new provision.

If the legislation is passed, Canadian parents who adopt a child abroad may apply for citizenship in the child’s name under the new provision as soon as the legislation comes into force.

Enquiries

The CIC Call Centre can provide further information on the proposed legislation and the impact of the changes on Canadians. Please call 1 888 242-2100 (toll-free anywhere in Canada).