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| Foreign Adoptions |
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Prepared
by Alicia Backman-Beharry
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
How can I adopt a child in
another country?
International adoptions are complicated. A person who wants to adopt
a child who is living in a country other than Canada must comply
with many laws to adopt the child and then have the child come to
Canada. International law exists to ensure that children are
protected. Canada has agreed to follow the Hague Convention on
Protection of Children and Co-operation in respect of Intercountry
Adoption ( Hague Convention 33). The Hague Convention provides rules
that must be followed if the child’s country has also agreed to
follow the Hague Convention.
In every international adoption, the adoption must be legal
according to the laws of the country where the child resides. Some
countries do not allow children to be adopted outside of their
country. Also, all Canadian adoption laws of the province where you
reside must be satisfied. Generally, you must complete Provincial
forms, go through interviews, and be assessed through a Home Study
to see if you would be a suitable adoptive parent.
How do I bring my adopted child to Canada?
After you comply with all the laws to adopt a child, you cannot
bring that child to Canada unless you sponsor that child under
Canada’s federal immigration laws. The adoption must be legal and it
must also create a genuine relationship of parent and child. All of
the required immigration forms and supporting documentation must be
submitted to Citizenship and Immigration Canada. Your child must
undergo medical screening and must be issued travel documentation to
leave their country.
What is the immigration status of my adopted child once that child
arrives in Canada?
After you have complied with all adoption laws and immigration laws
and your child joins you in Canada, it is very important to realize
that your child only has the status of a permanent resident of
Canada. Generally your child is not a Canadian citizen unless you or
your child applies for Canadian citizenship after 3 years of being a
permanent resident.
Permanent residents can be removed from Canada if they commit
serious crimes or if they otherwise become inadmissible to Canada.
If you would like assistance with pursuing an international
adoption, please feel free to contact us by email at:
immlaw@caronpartners.com |
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