| The impetus for Canada's new citizenship law for | | | | become common, parents will have the option of using |
| adopted children arises out of a 1998 Federal Court of | | | | the old system of applying for a visa and then |
| Canada decision. (the McKenna case) That court | | | | obtaining citizenship after they return to Canada. |
| found the different treatment of biological and adopted | | | | 3. Countries where either: |
| children in the citizenship law to be discriminatory and | | | | - The adoption is completed in Canada after the child |
| contrary to the Canadian Human Rights Act. | | | | has been here for a period of time. Examples are |
| After several false starts Canada has finally passed | | | | Korea, Jamaica, Philippines and most U.S. States. Since |
| new legislation to grant citizenship to children adopted | | | | there is no foreign adoption order, the new law will |
| abroad. As a group, adopting parents are used to | | | | have no effect in these cases. |
| feeling "left out" or ignored. The Federal Government | | | | - The adoption is completed in the foreign country |
| should be commended for addressing issues of | | | | after the child has lived in Canada with the adopting |
| importance to adopting parents. | | | | parents for a period of time. Examples are Slovakia |
| There has been much fanfare about this new rule, and | | | | and Florida. The new law will not benefit these groups |
| it is frequently referred to as "Automatic Citizenship." | | | | either. (There is however, a way to convert these |
| But is it really? Numerous statements have created | | | | applications to the new law - see USA section of the |
| high expectations among adopting parents. For | | | | FAQs) |
| instance: | | | | Other Issues |
| "This new legislation will enable Canadian families who | | | | There are several parts of the new law, which may |
| adopt foreign-born children to apply for Canadian | | | | have a significant impact on the adoption process. |
| citizenship without having to go through the immigration | | | | Immigration officers, before granting Canadian |
| process." (Immigration Lawyer website) | | | | Citizenship, must be satisfied: |
| "A foreign-born adopted child would acquire Canadian | | | | |
| citizenship as soon as the adoption is finalized, as long | | | | 1. That the adoption is creating a true parent-child |
| as the parents have applied for citizenship in the child's | | | | relationship and is not for some other purpose (This |
| name before they leave home." (Official government | | | | provision exists in the current law and is frequently |
| statement) | | | | used by immigration officers to prevent abuse of |
| I don't think either of these statements will prove to be | | | | Canada's immigration process.) |
| correct. | | | | 2. Whether the adoption complies with the laws and |
| Background | | | | rules of the country of origin. Sometimes, the answer |
| In order to understand how the new law fits into the | | | | to this question is easy to determine and sometimes |
| overall process of obtaining citizenship for adopted | | | | very difficult. In these latter situations, it will clearly hold |
| children, it is helpful to look at the current process. | | | | up issuance of citizenship. |
| The immigration and adoption process requires | | | | 3. That the adoption itself is in the best interest of the |
| prospective adopting parents to: | | | | child. There is no question that the best interest of the |
| | | | child should be at the heart of every adoption, but is |
| 1. Complete a homestudy recommending them as | | | | this the best time to try to make this determination? |
| adoptive parents for the child. | | | | There may already be an adoption order in place by |
| 2. Prepare a dossier to be sent to the foreign country. | | | | this time, and in many cases the parents will already be |
| 3. File an application to sponsor the child, as an | | | | bonding with and caring for their child. The |
| immigrant, with Citizenship and Immigration Canada. | | | | governments of many provinces already have a |
| 4. Obtain a Letter of No Objection or a Letter of | | | | process in place to determine that an adoption is in the |
| Approval (depending on the country) from the | | | | child's best interest. The Hague Convention procedures |
| provincial government or Hague Central Authority. | | | | are also directed to determine just that issue. In a |
| 5. Sign a Medical Condition statement | | | | Hague Convention adoption, the Central Authority in |
| After all these steps have been completed, Citizenship | | | | the child's country of origin previously determines that |
| and Immigration Canada will issue a visa for the child to | | | | (from that country's perspective) the adoption is in the |
| enter Canada as a permanent resident. The actual PR | | | | child's best interest. |
| card is received by mail after the child arrives in | | | | Will this process create a delay in the foreign country? |
| Canada. | | | | A recent government analysis of these procedures |
| The final step is for the adopting parents to apply for | | | | published in the Canada Gazette states: |
| Canadian citizenship by submitting the required | | | | "Citizenship officers will verify that the adoption meets |
| evidence. Currently, this step takes several weeks. (In | | | | all of the criteria before granting Canadian citizenship to |
| the recent past it had grown to a 30-month delay, but | | | | an adopted child". |
| this bottleneck has been resolved). Once the child has | | | | Immigration Canada recently added a web page |
| Canadian citizenship, a Canadian Passport can then be | | | | entitled Important Notice for Adoptive Parents which |
| applied for. | | | | states: |
| That is the basic immigration process (in some cases, it | | | | "The Government of Canada is committed to |
| can get more complicated). In adoptions from Hague | | | | protecting the rights of families and children. We have |
| Convention countries an additional approval process is | | | | obligations under international Conventions to ensure |
| also required (not described here). | | | | children are not abducted, bought or sold, or removed |
| The New Law | | | | from their biological families without their biological |
| Adopting parents come to the citizenship paperwork | | | | parents' legal consent. In some cases, extra steps in |
| process near the end of a long process of preparing a | | | | the citizenship process will be needed to make sure |
| ton of paperwork to complete homestudies and to | | | | the adoption is truly in the child's best interest. |
| send adoption dossiers overseas. None of that will | | | | In order to be granted Canadian citizenship, a child |
| change under the new law. Most of the steps | | | | must meet a number of requirements. The Citizenship |
| described above will still be necessary. | | | | Act and its Regulations specify that children must be |
| At least one parent will have to be a Canadian citizen | | | | protected when they are adopted from foreign |
| for the new law to apply. Permanent Residents of | | | | countries. In certain countries lengthy investigations may |
| Canada who adopt internationally will not be able to | | | | be needed to determine a child's status. This can delay |
| use the new law. | | | | a child's entry into Canada. If a child is not found to be |
| The two steps that may be eliminated under the new | | | | available for adoption, the application for Canadian |
| procedures are the application for a Visa and the | | | | citizenship will be refused." |
| child's foreign immigration medical, but that will only | | | | This is not the language of "automatic citizenship". On |
| happen in some cases (as detailed below). | | | | the contrary this is the language of a government |
| The group of adopting parents who will be helped the | | | | committed to living up to its responsibilities under |
| most by the new law are expatriate Canadians living | | | | international adoption conventions. The statement |
| abroad who adopt overseas and have no intention of | | | | continues: |
| returning to Canada in the near future. Their child will be | | | | "There are instances where, following screening by the |
| able to obtain Canadian citizenship by applying to the | | | | visa office, an application for citizenship may be denied |
| appropriate Canadian Embassy overseas. This group, | | | | where requirements under local law or international law |
| however, represents less than 10% of Canadian | | | | are not met." |
| adopting parents. What about the other 90%? | | | | Determining whether all local and international laws' |
| International adopting parents living in Canada fall into | | | | requirements have been met may not be a quick or |
| three groups depending on which country the child | | | | easy process. |
| comes from: | | | | Lastly, if the overseas immigration officer decides not |
| | | | to grant citizenship, there is no appeal of that decision |
| 1. Countries where the adoption is completed before | | | | at all. Many groups objected to the lack of appeal |
| the parents travel to pick up their child. Examples of | | | | process before the regulations were published but it |
| this are Taiwan and Ethiopia. The new law should | | | | fell on deaf ears. The right of appeal remains however |
| benefit in these situations. Any overseas delays in the | | | | in the Permanent Resident Visa process. |
| child being granted Canadian Citizenship can be | | | | Conclusion |
| worked out before the parents travel. Any | | | | The new Citizenship law may not meet the high |
| unexpected delays will be upsetting to parents but at | | | | expectations adopting parents have for it. The law will |
| least parents won't be waiting in a foreign country | | | | not grant "automatic citizenship". Citizenship will be |
| while the problems get resolved. | | | | granted abroad if there is an adoption order in place |
| 2. Countries where the adoption is completed while the | | | | before coming home and if the Immigration Officer is |
| parents are in the foreign country, and expect to bring | | | | satisfied that certain requirements have been met. |
| their child home with them. Examples of this are | | | | There are still many unanswered questions surrounding |
| Russia, Kazakhstan and China. It is hard to predict how | | | | the new law and we would like to hear about your |
| the process will work in these cases. It depends how | | | | experiences. As we begin to get feedback, this article |
| quickly the local Canadian Immigration office is able to | | | | will be updated. |
| process requests. What we do know is that if delays | | | | |