Operational Bulletin 3 – Adoptions May – 1, 2017

The authorities passed the Immigration and Refugee Protection Act (IRPA) on November 01, 2001. The accompanying Regulations came into effect on June 28, 2002. These replace the provisions specified in the Immigration Act, 1976 and the Immigration Regulations, 1978.

The following table provides details on the provisions that apply to adoptions.

The Fees

It is worth highlighting that each sponsorship application for an adopted child will need to include the applicable processing fees. For further information, officers will need to refer to the fees and cost recovery instructions.

The provisions specified in subsection A6 (1) provide the Minister with various authorisations. In particular, they authorise the Minister to designate officers for carrying out specific duties and power, in addition to delegating certain authorities. These provisions state those ministerial authorities that the Minister cannot delegate as well. Such ministerial authorities would typically relate to national interest or security certificates.

Pursuant to the provisions specified in A6 (2) of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship and Immigration (CIC) has delegated powers and designated certain officials to carry out any purpose of any provisions legislative or regulatory in instrument IL 3 – Delegation and Designation.

The Intercountry Adoption Process – Immigration and Citizenship Streams

It is worth highlighting that intercountry adoption is a two step process. It typically comprises:

• The adoption process and,
• The immigration or citizenship process

The authorities have provided adoptive parents with two streams for obtaining status in Canada for their adopted child. These streams include:

• The immigration process via the provisions specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) and,
• The citizenship process via the provisions specified in the Citizenship Act

• Dependent children who are under the age of 18 years at the time of the adoption i.e. refer to the provisions specified in R117 (2)
• Dependent children who are 18 years of age or over at the time of the adoption i.e. refer to the provisions specified in R117 (4) or,
• Children who are to be adopted in Canada i.e. refer to the provisions specified in R117 (1) (g)

Similarly, Canadian adoptive parents could consider using the citizenship process to apply directly for Canadian citizenship for their adopted child. The authorities have provided additional details on the citizenship process in chapter CP 14.

It is worth mentioning that the criteria for granting citizenship to foreign born adopted children of Canadian citizens under the provisions specified in the Citizenship Act and its Regulations are similar to those for granting permanent resident status to adopted children under the provisions specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).

The adoptive parents will need to choose the process that best corresponds to their situation. The table that follows summarises the main distinctions between the two processes.

In Canada, the provinces and territories (PTs) are responsible for adoption and child welfare. As such, provincial and territorial legislation and procedures protect the rights and the welfare of children.

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) reflect the provincial and territorial jurisdiction. They require that the child welfare authority of the province or territory (PT) to which the child is destined, provide a written statement that they do not object to the adoption. The authorities require a written statement to this effect in all cases where provincial or territorial jurisdiction applies. Provinces and territories (PTs) typically require a home study of the prospective adoptive parents. Only after this will they approve intercountry adoptions.

The Intercountry Adoption Services (IAS) is a unit within Citizenship and Immigration Canada (CIC). It is also Canada’s federal central adoption authority under the Hague Convention. The Intercountry Adoption Services (IAS) is typically responsible for intercountry adoption matters at the national and international levels. Therefore, it works directly with the provinces and territories (PTs) for providing information and guidance. But, provinces and territories (PTs) usually make the decisions pertaining to eligibility. In addition, they assist Canadians in their efforts to adopt.

The role of the Intercountry Adoption Services (IAS) in intercountry adoption typically comprises:

• The facilitation of communication and cooperation between various adoption authorities at the federal, provincial or territorial and international levels
• The facilitation of issue resolution and the development of pan-Canadian responses on matters such as unethical and irregular adoption practices
• The ability to provide advice on or to develop legislation, regulations, policies, procedures, standards and guidelines pertaining to intercountry adoption and,
• The collection and dissemination of information pertaining to intercountry adoption such as:
  • The adoption legislation
  • The policies and practices of countries of origin and,
  • Statistical data and research

Officers might feel the need to obtain additional information on the responsible central adoption authorities in the provinces and territories (PTs). For this, they would need to refer to the website of Citizenship and Immigration Canada (CIC). In addition, they will need to refer to Appendix A for more details on province-specific legislation.

The Hague Convention

Canada ratified the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (hereinafter referred to as the Hague Convention) on December 19, 1996.

In Canada, adoption is a provincial or territorial (PT) responsibility. Because of this, Canada extended the application of the Hague Convention to the Canadian provinces and territories (PTs) progressively, once each jurisdiction had enacted implementing legislation and established a central adoption authority. Since February 2006, the Hague Convention applies all over Canada. As such, provincial and territorial (PT) laws give effect to the provisions of the Hague Convention.

In Canada, the authorities have amended immigration and citizenship legislation for supporting Canada’s obligations under the Hague Convention. The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) reflect the provincial and territorial jurisdiction. The main provisions of the Hague Convention are to:

• Establish the necessary safeguards for ensuring that intercountry adoptions take place in the best interests of the child and with respect for their fundamental rights
• Establish a system of cooperation between contracting states for ensuring that those safeguards are respected, thereby preventing the abduction, sale of or traffic in children and,
• Secure the recognition in contracting states of adoptions made in accordance with the provisions specified in the Hague Convention

It is worth mentioning that the Hague Convention only covers adoptions that create a permanent parent-child relationship. As such, the Hague Convention applies where a child habitually residing in one Contracting State i.e. the state of origin, has been, is being or will be moving to another Contracting State i.e. the receiving state (or Canada), either after their adoption in the state of origin by spouses or a person habitually resident in the receiving state i.e. Canada, or for the purposes of such an adoption in the receiving state i.e. Canada or in the state of origin.

Situations could arise where the situation does not meet either of the two conditions. In this scenario, officers would need to remember that in such cases the provisions specified in the Hague Convention do not apply. However, the authorities generally accept that states party to the Hague Convention will need to extend the application of its principles to non-Hague Convention adoptions.

The table given below highlights the countries that are party to the Hague Convention and their date of membership.

Under the provisions specified in the Hague Convention, countries typically designate a central adoption authority. This authority is responsible for administering intercountry adoptions in a manner consistent with its provisions. In the case of Canada, the authorities have designated provinces and territories (PTs) as such authorities with case management responsibilities. The federal central adoption authority’s role is to facilitate communication and cooperation between Canadian central adoption authorities in the provinces and territories (PTs) and those of foreign governments. As such, the central adoption authorities of the provinces and territories (PTs) will need to determine whether the provisions specified in the Hague Convention apply to a particular case.

The provisions specified in the Hague Convention require the central adoption authorities in the country where the adoption is taking place i.e. the sending country, to fulfil certain responsibilities. As such, the central adoption authorities in the countries where the adoption is taking place will need to ensure that:

• The child is legally free for adoption
• The institutions and authorities whose consent is essential for adoption have provided their consent freely in the required legal form and expressed in writing
• The birth parents have given their consent to the adoption and understand the consequences for their parental rights
• The decision to place a child for adoption does not have financial gain as its underlying intention and,
• The child’s consent to the adoption, in cases where such consent is necessary, has been given freely, in the required legal form and expressed or evidenced in writing

In addition, the provisions specified in the Hague Convention require the central adoption authority in the adoptive parents’ country of residence i.e. the receiving country to fulfill certain responsibilities too. As such, the central adoption authorities in the adoptive parents’ country of residence will need to ensure that:

• The adoptive parents are eligible and suitable to adopt a child and,
• The appropriate authorities have decided that the child can enter and live permanently in the receiving country

In a Hague Convention case, the authorities will only be able to finalise an adoption after the sending and receiving countries have verified the above-mentioned information. The provisions specified in the Hague Convention only permit the adoption to take place in either state of origin or the receiving state.

Officers might require additional details pertaining to the provisions specified in the Hague Convention. For this, they will need to refer to the following sections that appear subsequently in this document:

• The section titled ‘The Procedures that Officers Should Follow in Hague Convention Cases’ i.e. section 7.1 of OP 3 and,
• Appendix E for the complete process for Hague Convention Cases
  • This includes details on the roles of Canadian and foreign central adoption authorities

Officers might need to refer to the full text of the Hague Convention as well. For this, they will need to visit the website of the Hague Conference on Private International Law.

For more details on this, officers would need to refer to the following sections that appear subsequently in this document:

• The section titled ‘The Definitions’ i.e. section 6 of OP 3 and,
• The section titled ‘The Procedures’ i.e. section 7 of OP 3

• It is worth highlighting that the country where the child habitually resides determines whether the Hague Convention applies and not the country of the child’s nationality

The United Nations Convention on the Rights of the Child (CRC)

Canada is party to the United Nations Convention on the Rights of the Child (CRC) as well. With respect to adoptions, article 21 of the United Nations Convention on the Rights of the Child (CRC) specifies that ‘States Parties that recognise and / or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration’.

It is worth mentioning that the provisions specified in the Hague Convention give proper effect to article 21 of the United Nations Convention on the Rights of the Child (CRC) too. It does this by adding substantive safeguards and procedures to the broad principles and standards specified in the United Nations Convention on the Rights of the Child (CRC). In addition, Canada’s commitments as a party to the United Nations Convention on the Rights of the Child (CRC) exist regardless of whether the child in an intercountry adoption resides in a country that has implemented the United Nations Convention on the Rights of the Child (CRC).

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) also serve to promote consistency when officers assess the best interests of children. This serves to maintain Canada’s commitments as signatory to both the Hague Convention and the United Nations Convention on the Rights of the Child (CRC).

• The provincial and territorial (PT) central adoption authorities for adoptions usually require a home study
• This enables them to complete adoptions in Canada
• Officers will be able to find more details on this in the section titled ‘The Guidelines for a Home Study Conducted by a Competent Authority’ that appears subsequently in this document i.e. section 5.5 of OP 3
• It is worth mentioning that home study is not a requirement specified in the Immigration and Refugee Protection Regulations (IRPR)

• It is worth mentioning that the consent of the biological parents is not an explicit Immigration and Refugee Protection Regulations (IRPR) requirement for the authorities to complete adoptions in Canada
• But, this is a requirement specified in the Hague Convention
• The authorities will require consent for a child to be legally available for adoption in non-Hague Convention cases for the adoption of a child in Canada as well

The provincial or territorial (PT) central adoption authority is responsible for carrying out an assessment of prospective adoptive parents with respect to their suitability to adopt. This is a pre-condition to the adoption.

For immigration purposes, the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) specify that a competent authority will need to conduct a home survey. This is especially so in the case of an adoption completed outside of Canada. This is in accordance with the provisions specified in R117 (3) (a). In Canada, competent authorities would typically comprise provincial or territorial (PT) authorities. They could also include individuals authorised by those authorities, such as accredited social workers. A letter of no objection or a notice of agreement from the province or territory (PT) approving the intercountry adoption would serve as a confirmation that the authorities have completed an acceptable home study. Situations could arise where officers require more details on the case processing centre procedures for requesting the letter of no objection. They would be able to find this in the section titled ‘The Guidelines for Information on the Child’s Medical Condition’ that appears subsequently in this document i.e. section 7.5 of OP 3.

It is worth highlighting however, that the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) do not require the authorities to conduct a home study in cases where the child is to be adopted in Canada. However, the provisions specified in the Hague Convention require that central adoption authorities in the receiving state ensure that the adoptive parents are eligible and suitable to adopt.

Provincial and territorial (PT) central adoption authorities usually require a home study for adoptions completed either in the state of origin or in their province or territory (PT). Thereafter, they confirm this in their letter of no objection or notice of agreement by stating that the competent authority has completed the home study.

Situations could arise where the provincial or territorial (PT) central adoption authorities do not require a home study. This is especially so in cases where these authorities have no jurisdiction. Provinces and territories (PTs) might have no jurisdiction in the following instances:

• In cases where the adoptive parents are not habitual residents of a province or territory (PT) at the time of completion of the adoption
• In cases where the child to be adopted is over 18 years of age and,
• In cases of relative adoption

• The section titled ‘The Guidelines for Relative Adoptions’ i.e. section 5.23 of OP 3 and,
• Appendix A

• Ask the sponsor to provide proof that an accredited social worker in the province or territory (PT) of residence of the parents has conducted a home study
  • It is worth mentioning that the provincial or territorial (PT) central adoption authorities could provide a list of their accredited social workers
• Ask the sponsor to provide proof that the local child welfare authority or an accredited social worker in the country of residence of the parents (in case the parents reside outside of Canada and the adoption took place outside of Canada) conducted and approve a home study
  • In some cases, it might be clear that the authorities did not conduct a home study
    • In this scenario, the officer will need to request that the sponsor obtain a home study from a competent authority or an accredited social worker in the place of residence of the adoptive parents and,
• Refer the sponsor to an International Social Service (ISS) in the country of residence of the parents, in case such a service is not available in the sending state
  • Thereafter, the officer will need to arrange for the authorities to conduct a home study to determine the suitability of the adoptive parents

Provincial or territorial (PT) central adoption authorities are responsible for issuing a letter or agreement or a letter of no objection for adoptions. Visa officers would need to accept these letters as conclusive evidence that the sponsors and the adoptive parents have met the following requirements:

• The requirements specified in clause R117 (1) (g) (iii) (A) for a child to be adopted in Canada or.
• The requirements specified in paragraphs R117 (3) (a), R117 (3) (b), R117 (3) (c), R117 (3) (d), R117 (3) (e) and R117 (3) (g) for an adopted child

This is in accordance with the provisions specified in subsection R117 (7).

The central adoption authorities will typically provide the written statement (a letter of agreement or a letter of no objection to an adoption) to the visa officer. In case the officer receives evidence that the applicants do not meet the requirements specified below, the officer has the authority to suspend the processing of the application. The processing of the application will remain suspended until the officer provides that evidence to the competent authority of the province or territory (PT), after which that authority will confirm or revise its written statement. More details on this are available in subsection R117 (8). Situations could arise where the province or territory (PT) confirms that the letter of agreement or letter of no objection is still valid. In this scenario, the officer will need to determine whether to issue a visa or to refuse the case.

The officer will typically check whether the applicant meets all the following requirements. However, it is worth highlighting that the list given below is not exhaustive. The officer will need to check whether:

• The child was not legally available for adoption
• The parents did not give their free and informed consent to the adoption
• The adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention
• The adoption did not create a genuine parent-child relationship or,
• The adoption was not in accordance with the laws of the place where the adoption took place

It is worth highlighting that the letter of agreement or letter of no objection does not indicate whether the adoption is primarily for the purpose of obtaining status or privilege under the provisions given in the Immigration and Refugee Protection Act (IRPA). As such, visa officers bear the responsibility for making this determination. This is in accordance with the provisions specified in subparagraph R117 (1) (g) (i), paragraph R117 (2) (b) or paragraph R117 (4) (c).

Each country has its own requirements and procedures for intercountry adoptions. As such, the submission of a valid adoption order issued by the competent authority is satisfactory evidence that the applicants have met the applicable foreign legal adoption requirements. This is applicable unless there is some information to the contrary. This is in accordance with the provisions specified in R117 (3) (d). As stated in the previous section titled ‘The Provincial or Territorial (PT) Letter of Agreement or Letter of No Objection’, the letter of no objection from the province or territory (PT) is conclusive evidence that the applicants have met the requirements specified in paragraph R117 (3) (d).

The authorities require officers to be especially vigilant when they assess adoptions where:

• The registration of the adoption order is not a legal requirement
• The applicants have not strictly followed the requirements of the applicable adoption laws and,
• The country does not authorise international adoptions

In any of these circumstances, officers will need to carefully consider whether the adoption fully complies with the laws of the country where it took place. In addition, the officers will need to consider whether the adoption creates a genuine parent-child relationship as well. In some cases, the officers might have some concerns. In this scenario, they would need to communicate these concerns to the provincial or territorial (PT) central adoption authorities. For more details on this, officers will need to go through the section titled ‘The Guidelines for a Genuine Parent-Child Relationship’ that appears subsequently in this document i.e. section 5.10 of OP 3.

The authorities provide recognition to adoptions legally recognised where they occur in all provinces and territories (PTs) of Canada except Quebec. In Quebec, tribunals will need to grant recognition after the child arrives in Canada. However, this process does not have any impact on immigration processing. For more details on this, officers will need to refer to Appendix A.

Officers have the authority to refuse applications in case the adoption does not comply with the laws of the country where it took place, and as a result, the province or territory (PT) did not issue a letter of no objection. In such cases, the adoption of the child will not take place and thus, the child will not be a member of the family class.

The authorities have moved this content as part of the Department’s efforts to modernise operational guidance to staff. It forms part of the Program Integrity section currently.

The Guidelines for a Genuine Parent-Child Relationship

The provisions specified in paragraph R117 (3) (c) require that an adoption should create a genuine parent-child relationship. This is especially in the case of the adoption of a minor child. In order to meet this criterion, an adoption order will need to create a genuine parent-child relationship both in law as well as in fact.

Officers will need to take the letter of agreement or the letter of no objection from the provincial or territorial (PT) central adoption authorities as conclusive evidence that the adoptive parents meet this requirement. This is in accordance with the provisions specified in subsection R117 (7).

The provisions specified in paragraph R117 (4) (b) mandate the existence of a genuine parent-child relationship at the time of the adoption. In particular, it expects the genuine parent-child relationship to have existed before the child reached the age of 18 years. This is especially so in the case of an adult adoption.

As such, the authorities require officers to assess whether an adoption has created a genuine parent-child relationship. To assess this, officers will need to look closely at the effects of the adoption to determine:

• Whether the adoption completely severs the adopted child’s former legal ties with their biological parents and thereby, creates a new legal parent-child relationship
• The authenticity of the parent-child relationship, the establishment of which is the primary purpose of an adoption i.e. officers will need to ensure that an adoption is not a means for a child to gain admission to Canada and,
• Whether the adoption is in accordance with the laws of the place where the adoption took place and the laws of the place of residence of the adoptive parents
  • For more details on this, officers will need to go through:
    • The section titled ‘The Laws of the Place Where the Adoption Took Place’ i.e. section 5.8 of OP 3 and,
    • The section titled ‘The Laws of the Place of Residence of the Prospective Adoptive Parents’ that appears subsequently in this document i.e. section 5.12 of OP 3

The term ‘best interests of the child’ is a concept that many legal instruments pertaining to children’s issues typically contain. For instance, the provisions in the Hague Convention and the Canada Divorce Act refer to this term frequently. The provisions given in the Hague Convention contain certain rules to ensure that adoptions take place in the best interests of the child and with due respect for their fundamental rights. These rules include the principle of subsidiary i.e. consider solutions in the country of origin first. They serve to ensure that the child is adoptable, after thoroughly evaluating the prospective adoptive parents and matching the child with a suitable family.

The provisions specified in the Immigration and Refugee Protection Regulations (IRPR) require that the provincial or territorial (PT) central adoption authorities provide documentary evidence to satisfy visa officers that the adoption is in the best interests of the child. Similarly, in the case of a child who resides in a country that is a party to the Hague Convention, the authorities require that the central adoption authority of that country provide documentary evidence to satisfy visa officers that the adoption is in the best interests of the child. To satisfy this requirement, the provincial or territorial (PT) child welfare authority will typically need to issue a letter of no objection. The letter of no objection is conclusive evidence that the adoptive parents have met the requirements specified in subsection R117 (3) in order for the authorities to consider the adoption as being in the best interests of the child.

The provisions specified in paragraph R117 (3) (e) require that adoptions conform to the laws of the place of residence of the prospective adoptive parents.

Thus, as a starting point, officers will need to first determine the prospective adoptive parents’ place of residence. In the vast majority of cases, this will usually be a province or territory (PT) in Canada. Situations could arise where it is not clear that the adoptive parents’ country of residence is Canada. In this scenario, the officers will need to determine residency. For this, they will need to carry out an assessment of all the circumstances of the case. In particular, the officers will need to take the following factors into consideration:

• Whether the authorities would be right in saying that a particular country of residence is the place where the prospective adoptive parents regularly, normally or customarily reside and,
• Whether a particular country of residence is the country in which the prospective adoptive parents have centralised their mode of existence

In some cases, the officers might conclude that the prospective adoptive parents reside in Canada. In this scenario, they would need to ensure that the adoption complies with all the applicable adoption laws of the province or territory (PT). Usually, provincial or territorial (PT) notification letters specify in writing that the adoption complies with the adoption laws of the province or territory (PT) in which the prospective adoptive parents reside or intend to reside. Officers would be able to find more details on this in the section titled ‘The Provincial Notification Letters’.

However, certain cases might warrant the involvement of the provincial or territorial (PT) central adoption authorities. This would usually be the case if the adoptive parents reside in Canada at the time the adoption takes place.

For more information on adoption legislation in specific provinces and territories (PTs), officers will need to refer to Appendix A.

Situations could arise where the prospective adoptive parents are not habitual residents of Canada. However, these individuals would still need to meet the regulatory requirements for receiving a permanent resident visa under the family class for:

• An adopted child
• A child to be adopted in Canada or,
• An adopted adult

It is worth mentioning that in such cases, the provincial or territorial (PT) central adoption authorities do not have any jurisdiction. As such, they will not be providing a letter of no objection.

The authorities require a person who wishes to sponsor a member of the family class to reside in Canada. This is in accordance with the provisions specified in paragraph R130 (1) (b). A Canadian adoptive parent who resides abroad and has adopted a child outside Canada could be exempt from the requirement of residing in Canada. But, these individuals will need to satisfy immigration officials that they will reside in Canada once their adopted child becomes a permanent resident in Canada. This is in accordance with the provisions specified in paragraph R130 (2).

It is worth mentioning that this exemption does not apply to sponsors who are permanent residents. This is because the authorities require them to reside in Canada in order to be eligible to sponsor. This exception typically applies to adopted children who meet the definition of a dependent child under the provisions specified in section R2. In addition, a sponsor of a child intended to be adopted in Canada does not quality for the exceptions specified in subsection R130 (2). This is because the child does not meet the definition of a dependent child.

Child trafficking and undue gains serve to contravene the laws of most countries. This is why the authorities require that all adoptions take place in accordance with the intent and the spirit of the provisions specified in the Hague Convention. This is applicable even if an adoption is from a country that has not ratified the Convention.

Situations could arise where an officer has evidence that child trafficking has taken place. Similarly, in some cases, officers might feel that there was undue gain in the process i.e. people sold a child or an improper financial gain took place. In both these scenarios, the officers will need to refuse the case on the basis that the applicants did not meet the adoption requirements according to the spirit and the intent of the Hague Convention. For more information on this, officers will need to go through the following sections:

• Subparagraph R117 (1) (g) (ii)
• Clause R117 (1) (g) (iii) (A)
• Paragraph R117 (3) (f) and,
• Paragraph R117 (3) (g)

• The Canadian central authority for child abduction via the Department of Foreign Affairs, Trade and Development
• Our Missing Children, via the Canada Border Services Agency (CBSA) and,
• The provincial or territorial (PT) child welfare authority (in case the child is in Canada)

The Guidelines Pertaining to the Suspension or Closure of Intercountry Adoptions by a Province or Territory (PT)

In certain situations, suspensions or closures of intercountry adoption programs with a country might be the only recourse for protecting children and their families. This step might help in stopping unethical or irregular activities in that country as well. In the view of the authorities, the following situations are of primary concern:

• Situations of child abduction and trafficking
• The removal of children from their families without proper parental consent and,
• Situations where the prospects for improvement in the country in the absence of international pressure appear remote

As mentioned earlier, provinces and territories (PTs) have jurisdiction over adoption. However, Citizenship and Immigration Canada (CIC), through its Intercountry Adoption Services, works with the provincial or territorial (PT) central adoption authorities for reaching a pan-Canadian decision for imposing a suspension or a closure of intercountry adoption activity with a given country. However, provinces and territories (PTs) have the ability to individually close adoptions from certain countries without the consent of other provinces and territories (PTs) too.

Following the imposition of a suspension or closure on adoptions from a specific country, the provincial or territorial (PT) central adoption authorities will decline to issue letters that the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) typically requires for the approval of a case. As such, officers will need to refuse such cases based on the non-approval of the province or territory (PT).

Citizenship and Immigration Canada (CIC) typically works with provinces and territories (PTs) to consider the lifting of a suspension. However, it will only do this when sufficient evidence exists of reform and safeguards for protecting the best interests of children in the country.

Situations could arise where provincial or territorial (PT) jurisdiction does not apply. This would typically be the scenario when the adoptive parents do not reside in a Canadian province or territory (PT) at the time of the adoption and have undertaken a domestic adoption abroad. In this scenario, officers will need to scrutinise the adoption carefully. This would enable them to ensure that the adoptive parents have met all the prescribed regulatory requirements. It would help them to ensure that the adoption helps in protecting the best interests of the child as well.

Officers will need to refer to the website of Citizenship and Immigration Canada (CIC) to obtain a list of countries on which the authorities have placed a suspension or closure.

The provisions specified in section R118 require that adoptive parents provide a written statement to the visa office. This statement will serve as a confirmation that the adoptive parents have obtained complete information about the child’s medical condition. It is worth mentioning that many adoptions have failed and have resulted in child abandonment when the prospective family was not equipped to deal with a particular medical condition or was misinformed. For more details on this, officers will need to go through the section titled ‘The Procedures Pertaining to Multiple Adoptions’ that appears subsequently in this document i.e. section 7.8 of OP 3.

In all cases of adoption, the genuine and informed consent of the biological parents (where applicable) will need to be available. This is in accordance with the provisions specified in paragraph R117 (3) (b). The letter of no objection serves as conclusive evidence that the adoptive parents have met this requirement. This is in accordance with the provisions specified in subsection R117 (7).

In case both the biological parents are alive, both will need to give their consent. Situations could arise where only one parent gives consent to an adoption. In this scenario, the officer will need to be satisfied that the second parent has no legal rights with respect to the child.

In foreign jurisdictions, some adoption laws might lack clarity about the full and permanent severing of ties. In some cases, the cultural milieu might embrace the sharing of parental responsibilities. In such cases, it is especially important for officers to ensure that the biological parents fully comprehend that the adoption of the child by Canadian parents will fully and permanently sever pre-existing parental ties. This is final in accordance with Canadian law.

It is worth highlighting that a full adoption will sever a child’s legal relationship to their birth parents. This is in accordance with the provisions specified in paragraph R3 (2). As such, an adopted child will not be able to sponsor a birth parent subsequently. A full adoption also has the effect of severing ties to other members of the biological family i.e. brothers, sisters, grandparents, aunts, uncles, nieces, nephews and cousins etc.

In some cases, officers could come across cases of adoption by step-parents for jointly becoming the parent of the child of their spouse or partner. In this scenario, the relationship between the child and the remaining biological or legal parent does not require any severance.

Officers at the case processing centre will need to verify that sponsors submitting an IMM 1344 form for relatives are not in these kinds of situations. Situations could arise where officers have doubts about a specific case. In this scenario, they would need to check for an immigration file for the sponsor.

Officers would need to inform the case processing centre in case a child who was adopted outside of Canada has sponsored a birth parent. The case processing centre staff will need to tell the sponsors that they are ineligible. This is because the biological family members of an adopted person do not qualify as members of the family class.

Situations could arise where foreign and Canadian adoptions authorities might revoke foreign adoptions. An adoption revocation refers to a court decree that voids the adoption order. Once the authorities revoke the adoption, the child assumes the status that the child had prior to the adoption proceedings. In some cases, it might be evident that the revocation took place in order to facilitate the sponsorship. In this scenario, the officers will not find the sponsor eligible. This is in accordance with the provisions specified in paragraph R133 (5).

In some cases, the case processing centre could become aware that the sponsor was previously adopted. This would usually take place during the assessment of the sponsor’s eligibility for a family class application. In this scenario, the sponsor will need to provide a copy of the court decree revoking the adoption. This would enable the case processing centre to assess whether the sponsor is eligible to sponsor their biological family members.

The sponsorship application will proceed as usual if the officers are satisfied that the sponsor did not undertake the revocation in order to facilitate the sponsorship of a biological family member under the family class. However, in some cases, the visa officers might feel that they have reason to believe that the reason for the revocation was to facilitate the sponsorship of a biological family member under the family class. In this scenario, the officer will need to request additional information. In addition, the officers could conduct investigations or interviews as required (if necessary), for determining whether this was a revocation of convenience. In some jurisdictions, the authorities cannot revoke an adoption. Therefore, it is necessary for officers to check with the visa office responsible for the country in which the adoption took place for determining whether a revocation is possible.

It is worth highlighting that the current provisions specified in the Immigration and Refugee Protection Regulations (IRPR) do not include guardianship arrangements under the family class. As such, legal guardians will not be able to sponsor children under their guardianship as adopted children. For more details on this, officers will need to refer to the section titled ‘The Definitions’ that appears subsequently in this document i.e. section 6 of OP 3.

In some foreign jurisdictions, the system of guardianship in place neither terminates the birth parent-child relationship. Nor does it grant full parental rights to the guardian. Similarly, the laws of the jurisdiction where the child resides might not allow for a legal adoption to take place. In this scenario, the provincial or territorial (PT) central adoption authorities will not issue a letter of no objection. As such, the authorities will consider that the applicants do not meet the provisions specified in the Immigration and Refugee Protection Regulations (IRPR) for either an adopted child or for a child to be adopted in Canada.

Similarly, the laws of some countries might have a guardianship system in place. But, they might not permit adoptions in their jurisdiction. But, they might permit children to be legally available for adoption in Canada. In this scenario, it might be possible for Canadians and permanent residents to sponsor children to be adopted in Canada.

• Be under 18 years of age
• Be unmarried
• Not be in a common-law relationship and,
• Be the sponsor’s brother, sister, nephew, niece or grandchild

• Verify that the child is:
  • An orphan
  • Under 18 years of age on the date on which the Case Processing Centre in Mississauga (CPC-M) received the IMM 1344 form with the correct and complete processing fees
  • Not a spouse or a common-law partner and,
  • Related to the sponsor as specified in paragraph R117 (1) (f) and,
• Issue the appropriate medical instructions

• It is worth mentioning that the question of guardianship typically arises in the case of young foreign nationals who are not accompanied or are not destined to a legal guardian
• Therefore, officers could request for written consent from the appropriate authorities in the child’s country of residence prior to permitting the removal of the child from that country for the child’s protection and well-being
• In addition, officers could counsel sponsors to obtain legal guardianship of the child when the child arrives in the province or territory (PT) of residence
• This would go a long way towards ensuring that the sponsor has legal obligations towards the sponsored child

Situations could arise where some adoptive parents do not have the full name and the date of birth of the child to be adopted at the time of application. In this scenario, the adoptive parents will need to follow the instructions for the sponsorship of children who are not yet identified. The authorities have provided these details in Appendix A of the sponsor’s guide i.e. IMM 5196. Thereafter, the adoptive parents would need to complete the IMM 0008 form with as much information as possible. The adoptive parents will need to leave the name field blank in case they do not know the name of the child.

The Case Processing Centre in Mississauga (CPC-M) will treat applications to sponsor unnamed children in the same manner as it does for applications having named children.

The authorities encourage officers to create unnamed children applications in the Global Case Management System (GCMS). For this, the officers will need to include the information specified in the IMM 0008 form received with the sponsorship application. This information could comprise the following details:

• The Family Name – the last name (s) of the sponsor or the adoptive parents
• The Name (s) – blank, ‘baby’ or ‘child’
• The Date of Birth – ** asterisks **
• The Gender – unknown

It is worth highlighting that the sponsor bears the responsibility for notifying the appropriate visa office once the sponsor has identified the child. Thereafter, the visa officers would need to proceed to updating the name of the child in the application originally created in the Global Case Management System (GCMS).

Officers typically process sponsorship applications for an adopted child or for a child to be adopted based on priority by the Case Processing Centre in Mississauga (CPC-M) and visa offices. This applies to sponsorship applications for orphaned relatives as well.

When it comes to processing priorities, visa offices would need to remember that cases involving adoption could involve minors who have been abandoned and placed with child welfare authorities. Many of these children will be without parental care. As such, the visa offices would need to accord priority to such cases.

Situations could arise where the adopted child is related to the adoptive parents. In this scenario, the authorities will need to sever the pre-existing legal parent-child relationship under the law. This means that the biological parent should no longer be acting as a parent after the adoption has taken place. But, it is likely that an ongoing relationship and contact with the biological parent and the extended family could continue taking place.

However, the new parent-child relationship between the adopted child and the adoptive parents should be evident. In particular, it must not simply exist in law. In addition, the officers will need to have evidence that the biological parents entirely comprehend the effects of a full adoption. In particular, the officers will need to have the written consent to the adoption provided by the biological parents too. Besides this, the biological parents will need to support a determination that they have met all the requirements specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). It is worth mentioning that a home study might not be a requirement for relative adoptions in all provinces and territories (PTs).

In some cases, a provincial or territorial (PT) court might complete relative adoptions in Canada. In this scenario, the corresponding central adoption authority will not be involved. This authority will need to issue a letter of no involvement. It is worth mentioning that a home study might not be a requirement for domestic relative adoptions in all provinces and territories (PTs). As such, it is possible to use the adoption order as evidence that the adoption took place in accordance with the laws of the province or territory (PT) where it took place.

• The adoption will need to be in accordance with the laws of the location where it takes place
  • In case the sponsor resides in Canada at the time of the adoption, the adoption will need to be in accordance with the laws of the province or territory (PT) in which the sponsor resides
• The case must be one that attests to the establishment of a genuine parent-child relationship before the applicant turned 18 years of age
  • In addition, this parent-child relationship must continue to exist and,
• The adoption must not have been undertaken to accomplish the primary objective of gaining status or privilege in Canada based on the provisions specified in the Immigration and Refugee Protection Act (IRPA)

• It is worth highlighting that some provinces and territories (PTs) do not have laws regarding adult adoption

In some exceptional cases, officers might find that the applicant does not meet all the requirements specified in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). But, officers would need to remember that the applicant might be exempt from these requirements based on Humanitarian and Compassionate (H&C) considerations. As such, officers will need to take these considerations into account for the best interests of the child.

The provisions specified in section A25 require officers and delegated authorities to examine Humanitarian and Compassionate (H&C) factors on the applicant’s request. In some cases, the officers might believe that there are strong Humanitarian and Compassionate (H&C) factors in the case. In this scenario, the officers would need to, on their own initiative, and without the applicant having specifically requested it, put the case forward to the appropriate delegated authority to approve the application of subsection A25 (1). For more details on this, officers would need to refer to the program delivery instructions on Humanitarian and Compassionate (H&C) considerations.

The authorities permit Canadian intending parents, who have no genetic or biological link to the child born through surrogacy arrangements undertaken by the Canadian intending parents, to adopt the child. But, officers will require the intending parents to go through a DNA test or disclosure. Thereafter, the parents could choose to pursue either a citizenship or immigration adoption. In some countries, the surrogacy laws require that the birth certificate name the intending parents. In these instances, the sponsor will not be able to sponsor the child. This is because the child is not eligible for adoption. It is possible that a birth certificate presented in a surrogacy case might show the contracting parents as the birth parents. However, this is only evidence that the local authorities registered the child’s birth in the names of the contracting parents. This does not constitute evidence that there is any legal, genetic or biological relationship. The birth mother could also provide a declaration by which the birth mother would surrender all her rights to the child in favour of the contracting parents. But, this is only valid as a contractual arrangement between those parties. It does not serve to establish that the contracting parents have legal custody of the child or the authority to remove the child from the country of origin.

The authorities might not confer the entitlement to exclusive custody of the child to parents who are Canadian citizens or permanent residents. Thus, they might not have the authority to remove the child from the country of origin until a court of competent jurisdiction grants them that specific custody and authority. Officers might also come across situations where there is no genetic or biological link to the Canadian intending parents. In this scenario, the contracting parents will need to adopt the child by following the standard procedures for international adoption. Thus, they would need to obtain sponsorship, a home study and a provincial or territorial (PT) no objection letter.

In exceptional cases, it might not be possible for the intending parents to adopt the child. In such cases, the officers could facilitate the child’s return to Canada through discretionary citizenship or immigration case processing. In some cases, this might include a Temporary Resident Permit (TRP) and Humanitarian and Compassionate (H&C) permanent resident processing. In case the officers consider using Humanitarian and Compassionate (H&C) considerations for the permanent residence application or the issuance of a Temporary Resident Permit (TRP), the officers will need to take into account factors such as:

• The best interests of the child and,
• The provincial or territorial (PT) legislation

It is worth highlighting that some provinces and territories (PTs) might not recognise the parent-child relationship in surrogacy cases without any genetic link. In the province of Quebec, surrogacy agreements are null and as such, have no legal standing.

For more information on surrogacy, officers will need to refer to the prohibitions related to surrogacy specified by Health Canada.

For the guidelines on the interpretation of the term ‘biological child’ in situations that involve the use of human reproductive technology, officers would need to refer to section 5.14 in OP 2. For more details on how they could take into account Humanitarian and Compassionate (H&C) considerations, officers would need to refer to the program delivery instructions on Humanitarian and Compassionate (H&C) considerations.

For information on citizenship policy in relation to assisted human reproduction, including surrogacy arrangements, officers would need to refer to the citizenship program delivery instructions.

The Definitions

• A letter of no objection – for non-Hague Convention cases or,
• A notification of agreement – for Hague Convention cases

Situations could arise where a sponsored child is no longer available for adoption. In this scenario, the sponsors will need to ask the Case Processing Centre in Mississauga (CPC-M) to replace the name of the child given on the IMM 1344 form with the name of another child. The Case Processing Centre in Mississauga (CPC-M) will need to provide the new name to the visa office. In addition, the Case Processing Centre in Mississauga (CPC-M) will need to provide the new name to the provincial or territorial (PT) central adoption authorities.

In some cases, it is possible that the sponsors might contact the visa office first. In this scenario, the visa office will need to advice the sponsor to provide the name of the new child to the Case Processing Centre in Mississauga (CPC-M) as well as to the provincial or territorial (PT) central adoption authorities.

It is worth highlighting that the Case Processing Centre in Mississauga (CPC-M) does not charge a new processing fee when it replaces a name for this reason.

• The identity documents for the child
• The documents that include the names of the biological parents of the child
• The final adoption order i.e. FC9 or the custody order to the adoptive parents for the purpose of adoption in Canada i.e. FC6 and,
• The passport or travel document for the child

• The officer will need to advise the provincial or territorial (PT) central adoption authorities that the officer will be issuing a permanent resident visa, in a case in which the provisions specified in the Hague Convention apply
  • For more details, officers will need to refer to Appendix D
• And has a verifiable travel document, the officer might issue a permanent resident visa in case the sponsors have the authority to take the child to Canada
• And was adopted in the country of origin, the officer will need to use code FC9 i.e. for a child adopted abroad
  • In case the adoption is to take place in Canada, in the province or territory (PT) of destination, the officer will need to use code FC6 i.e. child to be adopted in Canada
• The officer will need to enter the abbreviation HAG in the special program field in the Global Case Management System (GCMS) application, in case the adoption is a Hague Convention case
  • The HAG special program code will also appear on the Confirmation of Permanent Residence
  • This identification is necessary because Canada has an obligation to report the number of adoption cases it has dealt with under the Hague Convention

This section provides an overview of the legislations in place in the following provinces that have a direct effect on the processing of adoption cases:

• Alberta
• British Columbia
• Ontario and,
• Quebec

This information forms part of the counselling that officers typically provide the parents.

The Legislations Applicable in Alberta

The provisions specified in subsection 62 (3) of Alberta’s Child, Youth and Family Enhancement Act specify that:

“No application for an adoption order shall be filed in respect of a child unless the child is a Canadian citizen or has been lawfully admitted to Canada for permanent residence.”

As such, the residents of Alberta will not be able to obtain an adoption order on behalf of a child who is not a permanent resident of Canada. In Alberta, the authorities prohibit the adoption of a child who comes to Canada on:

• A Temporary Resident Permit
• A Temporary Resident Visa or,
• A Student Visa

A Canadian or permanent resident couple who has a legal guardianship order for a child will not be able to obtain an adoption order if the child has not obtained a permanent resident visa or Canadian citizenship prior to arriving in Canada. Alberta aims to ensure that the authorities have addressed all legal and birth-parent issues prior to the child’s arrival in the province. As such, it requires the adoption to take place prior to arrival in Alberta or it requires officers outside Canada to review all the adoption arrangements.

The Legislations Applicable in British Columbia

The provisions specified in subsection 48 (1) of the British Columbia Adoption Act specify that:

“Before a child who is not a resident of British Columbia is brought into the province for adoption, the prospective adoptive parents must obtain the approval of a director or an adoption agency.”

As such, the authorities in British Columbia require the adoption agency to possess a license issued by the province.

In addition, the provisions specified in subsection 48 (2) state that:

“The director or the adoption agency must grant approval if:

1. the parent or other guardian placing the child for adoption has been provided with information about adoption and the alternatives to adoption,
2. the prospective adoptive parents have been provided with information about the medical and social history of the child’s biological family,
3. a home study of the prospective adoptive parents has been completed in accordance with the regulations and the prospective adoptive parents have been approved on the basis of the home study, and
4. the consents have been obtained as required in the jurisdiction in which the child is resident”

As such, parents who have not obtained the approval prior to bringing the child to British Columbia will be contravening the British Columbia Adoption Act. Such an offence is punishable under the Offences and Penalties section of this Act.

The authorities have made exceptions to the provisions specified in section 48 of the British Columbia Adoption Act for:

• A child brought into British Columbia for adoption by a relative of the child or by a person who will become an adoptive parent jointly with the child’s birth parent and,
• A child who is a permanent ward of an extra-provincial agency

The Legislations Applicable in Ontario

Under the provisions specified in the Ontario Intercountry Adoption Act, 1998, the prospective parents (including those parents who are adopting relatives) will need to:

• Make an application to adopt with an international adoption agency that has obtained a license issued by the Ontario Ministry of Children and Youth Services
• Have an adoption home study completed by an adoption practitioner who has the relevant approvals from a Ministry Director and,
• Obtain the Ministry Director’s approval of the eligibility and suitability to adopt based on the home study report

It is worth mentioning that it is an offence for an Ontario resident to leave the province for adopting internationally. In addition, it is an offence for an Ontario resident to finalise an international adoption without satisfying each of the above-mentioned requirements. The penalty for contravention of this provision is, on conviction, a fine of up to $2,000, imprisonment for up to two years, or both.

Only international adoption agencies having licenses issued by the Ministry of Community and Social Services under the provisions specified in the Ontario Intercountry Adoption Act, 1998, can operate in Ontario for facilitating international adoptions finalised outside Ontario. As such, it is an offence for any other person or organisation to provide this service.

In some cases, the child’s country of origin might require Ontario’s approval before the finalisation of the adoption. In this scenario, the proposed adoption placement will require the approval of the Ministry Director.

The Legislations Applicable in Quebec

The Case Processing Centre in Mississauga (CPC-M) will usually forward a copy of the undertaking i.e. IMM 1344 to the Ministère de l’Immigration, de la Diversité et et de l’Inclusion (MIDI) for sponsors residing in Quebec. The Case Processing Centre in Mississauga (CPC-M) will send a letter to the sponsors as well. In this letter, the Case Processing Centre in Mississauga (CPC-M) will instruct the sponsors to download the Ministère de l’Immigration, de la Diversité et et de l’Inclusion (MIDI) engagement application and submit it directly to the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) along with a copy of the letter issued by the Case Processing Centre in Mississauga (CPC-M).

The Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) will need to assess the sponsors first. Thereafter, it will need to issue a Quebec Selection Certificate (QSC) for the child, once it finds that the sponsors have met all the prescribed requirements. The Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) will send the required documents to the corresponding visa office for the country of origin as well. It is worth mentioning that the Secrétariat à l’adoption internationale du Québec is responsible for issuing letters of no objection to the adopting parents directly.

The provisions specified in the Civil Code of Quebec govern the effects of adopting a child domiciled outside Quebec. As such, only a certified organisation can undertake the appropriate adoption procedures. Since February 01, 2006, to override this general rule, the authorities require the sponsor and the adopting parents to meet the criteria and the conditions specified in the Ministerial Order respecting the adoption without a certified body of a child domiciled outside Quebec by a person domiciled in Quebec.

Under the provisions specified in section 565 of the Civil Code of Quebec:

“[…] A decision granted abroad must be recognized by the court in Québec, unless the adoption has been certified by the competent authority of the State where it took place as having been made in accordance with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.”

As a result, the authorities recognise adoptions legally recognised overseas in Quebec only when the child arrives in Canada and even then, only upon the completion of certain procedures in Quebec.

In some cases, officers might find that some provisions of the Hague Convention apply in the case. This would usually be the case when the provisions of the Hague Convention apply in the child’s country of origin. In this scenario, the authorities in Quebec will simply accept the adoption judgment issued in that country.

In case the provisions specified in the Hague Convention do not apply in the child’s country of origin, the adoptive parents will need to get the Youth Division of the Court of Quebec to recognise the foreign adoption judgment. Only this will make the adoption official in Quebec.

The Accredited Bodies in Canada

For the province of Manitoba:

Adoption Options Manitoba Inc.

1313 Portage Avenue

WINNIPEG, MB R3G 0V3

[Licensed to provide services under The Adoption Act other than adoption of permanent wards under Division 1]

UAS Eastern European Adoptions Inc.

777 Prichard Avenue

WINNIPEG, MB R2X 0E8

For the province of Ontario:

In Ontario, two pieces of legislation govern international adoptions. These comprise:

• The Child and Family Services Act (CFSA): This Act protects children and families involved in domestic adoptions. In addition, it protects children and families involved in international adoptions that are completed in Ontario as well.
• The Intercountry Adoption Act (IAA): This Act specifies the requirements for Ontario residents who are adopting a child whose adoptions will be completed in another country.

For the province of British Columbia:

The Adoption Center

255 Lawrence Avenue

Kelowna, B.C., V1Y 6L2

Attn: Jennifer Wall, Administrator/Executive Director

Ph. +1 (250) 763 8002,

Toll Free: 1 800 935 4237

Fax: + 1 (250) 763 6282

E-mail: adoption@kcr.ca

Choices Adoption and Counselling Services

Suite 100 – 850 Blanshard Street

Victoria, British Columbia

Canada V8W 2H2

Attn: Robin Pike, Executive Director

Ph. +1 (250) 479 9811

Toll Free: 1 888 479 9811

Fax: + 1 (250) 479 9850

E-mail: choices@choicesadoption.ca

Family Services of Greater Vancouver

301 – 1638 East Broadway Avenue

Vancouver, British Columbia

Canada V5N 1W1

Attn: Cathy Loptson, Administrator

Ph: + 1 (604) 736 7613

Toll Free: 1 866 582 3678

Fax: + 1 (604) 733 7009

E-mail: adoptionservices@fsgv.ca

Sunrise Family Services Society

Suite 102 – 171 West Esplanade

North Vancouver, British Columbia

Canada V7M 3J9

Attn: Natasha Chalke, Executive Director

Ph: + 1 (604) 984 2488

Fax: + 1 (604) 984 2498

Toll Free: 1 888 984 2488

The Central Authority in Canada

For the federal government, the Minister of Citizenship and Immigration, is represented by:

Michèle Salmon

NHQ – Operational Management and Coordination

Citizenship and Immigration Canada

365 Laurier Avenue West

OTTAWA, Ontario

Canada K1A 1L1

Telephone number: +1 (613) 437 7145

Telefax number: +1 (613) 941 7099

E-mail: Michele.Salmon@cic.gc.ca

For the province of Alberta, the Minister of Children’s Services is represented by:

Ms. Anne Scully

Program Manager, Adoption Services

Ministry of Children’s Services

11th Floor, Sterling Place

9940 – 106 Street

EDMONTON, Alberta

Canada T5K 2N2

Telephone number: +1 (780) 644 3099

Telefax number: +1 (780) 427 2048

E-mail: anne.scully@gov.ab.ca

For the province of British Columbia

Ms. Anne Clayton, Provincial Director of Adoption

Adoption Services

Ministry of Children and Family Development

P.O. Box 9705, Stn. Prov. Govt.

VICTORIA, British Columbia

Canada V8W 9S1

Telephone number: +1 (250) 387 2281

Telefax number: +1 (250) 356 0311

E-mail: Anne.Clayton@gov.bc.ca

For the province of Manitoba, the Director of Child and Family Services is represented by:

Janice M. Knight

Provincial Manager

Adoption/Post-Adoption Services

Manitoba Family Services

777 Portage Avenue

Winnipeg MB R3G 0N3

Telephone number: 204 945 1186

Telefax number: 204 948 2949

E-mail: Janice.Knight@gov.mb.ca

For the province of New Brunswick, the Minister of Family and Community Services is represented by:

Ms. Élaine Babineau

Provincial Adoption Consultant

Department of Family and Community Services

Child Welfare and Youth Services

P.O. Box 6000, 551 King Street

FREDERICTON, New Brunswick

Canada E3B 5H1

Telephone number: +1 (506) 444 4516

Telefax number: +1 (506) 453 2082

E-mail: Elaine.babineau@gnb.ca

For Newfoundland and Labrador

Mrs. Christine Osmond MSW, RSW

Provincial Director of Adoptions,

Child, Youth & Family Services

Department of Health & Community Services

Confederation Building

PO Box 8700, 95 Elizabeth Ave

St. John’s, Newfoundland & Labrador

Canada

A1B 4J6

Telephone number: +1 709 729 3527

Telefax number: +1 709 729 1853

E-mail: christineosmond@gov.nl.ca

For the Northwest Territories

Ms. Bethan Williams-Simpson

Director of Adoption & Child & Family Services,

Dept. of Health & Social Services,

Govt. of the Northwest Territories,

PO Box 1320,

Yellowknife NWT X1A 2L9

Telephone number: +1 867 767 9061 Ext 49165

Telefax number: +1 867 873 7706

E-mail: williams-simpson@gov.nt.ca

For Nova Scotia, the Minister of Community Services is represented by:

Ms. Janet Nearing

A/Manager of Adoption and Children in Care

Family and Children’s Services

Department of Community Services

P.O. Box 696

5675 Spring Gardner Road

HALIFAX, Nova Scotia

Canada B3J 2T7

Telephone number: +1 (902) 424 5367

Telefax number: +1 (902) 424 0708

E-mail: nearinjl@gov.ns.ca

For Nunavut

Mr. Mark Arnold

A/Deputy Director of Adoptions

Government of Nunavut

Department of Health & Social Services,

PO Box 1000, Stn. 1000

Iqaluit, Nunavut

Canada,

X0A 0H0

Telephone number: +1 867 975 5781

Telefax number: +1 867 975 5722

E-mail: marnold@gov.nu.ca

For the province of Ontario, the Ministry of Community and Social Services is represented by:

Ms Gloria Varghese, Director

Private & International Adoptions

Ministry of Children and Youth Services

101 Bloor St. W, 6th Floor

TORONTO, Ontario

Canada ON M5 2Z7

Telephone number: +1 (416) 327 4736

Telefax number: +1 (416) 212 6799

For the province of Prince Edward Island, the Director of Child Welfare, Ronald D. Stanley, is represented by:

Mrs. June McKinnon, BSW, RSW

Provincial Adoption Coordinator

Adoption Services

Department of Social Services and Seniors

161 St. Peter’s Road

PO Box 2000

Charlottetown, Prince Edward Island

Canada

C1A 7N8

Telephone number: +1 902 368 6514

Telefax number: +1 902 620 3422

E-mail: jmmckinnon@ihis.org

For the province of Quebec:

Mme Josée-Anne Goupil

Secrétaire à l’adoption internationale et directrice générale

Secrétariat à l’adoption internationale

Bureau 1.02 201

boulevard Crémazie est

MONTRÉAL (Québec)

Canada H2M 1L2

Telephone number: +1 (514) 873 5226

Telefax number: +1 (514) 873 1709

E-mail: adoption.quebec@msss.gouv.qc.ca

For the province of Saskatchewan, the Minister of Social Services is represented by:

Mrs. Ellen McGuire,

Director Child and Family Services

Ministry of Social Services

12th floor – 1920 Broad Street

Regina, Saskatchewan

Canada,

S4P 3V6

Telephone number: +1 306 787 5698

Telefax number: +1 306 787 0925

E-mail: ellen.mcguire@gov.sk.ca

For the Yukon Territory:

Mrs. Simone Fournel

Manager, Child Placement Services

Department of Family & Children’s Services

4114 – 4th Avenue, Suite 401

Whitehorse, Yukon

Canada,

Y1A 4N7

Telephone number: +1 867 667 3473

Telefax number: +1 867 393 6204

The Competent Authorities in Canada

For the province of Alberta, the Minister of Children’s Services is represented by:

Ms. Anne Scully

Program Manager, Adoption Services

Ministry of Children’s Services

11th Floor, Sterling Place

9940 – 106 Street

EDMONTON, Alberta

Canada T5K 2N2

Telephone number: +1 (780) 644 3099

Telefax number: +1 (780) 427 2048

E-mail: anne.scully@gov.ab.ca

For the province of Manitoba, the Director of Child and Family Services is represented by:

Department of Family Services

Child Protection and Support Services

Suite 201 – 114 Garry Street

WINNIPEG, Manitoba

Canada R3C 4V5

For the province of Ontario, the Ministry of Community and Social Services is represented by:

Mili New

101 Bloor St. W, 6th Floor

TORONTO, Ontario

Canada ON M5 2Z7

Telephone number: +1 (416) 327 4736

Telefax number: +1 (416) 212 6799

E-mail: mili.new@ontario.ca

For the province of Saskatchewan, the Minister of Social Services is represented by:

Beverly Wilson,

Program Consultant, Intercountry Adoption. Central Office

Family and Youth Services Division

Saskatchewan Social Services

12th floor – 1920 Broad Street

Regina, Saskatchewan

Canada,

S4P 3V6

Telephone number: +1 306 787 0008

Telefax number: +1 306 787 0925

E-mail: bev.wilson.ss@govmail.gov.sk.ca

Canadian Embassy

Immigration section

Provincial central authority

Address

Dear Sir or Madam:

Subject: Child’s name, date of birth, country of origin, file number; prospective adoptive parents’ names

This refers to the application for permanent residence in Canada of [child’s name], whom [prospective parents’ names] intend to adopt.

As agreed with your Ministry with respect to the processing of an adoption case governed by the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, please be informed that [child’s name] now meets the requirements of the Immigration and Refugee Protection Act and its Regulations. We invite you to contact the central authority in the child’s country of origin and the prospective adoptive parents to initiate the legal procedures for adoption or custody of the child. Please send us your notification of agreement to the adoption proposal if it has not already been sent. A permanent resident visa will be issued to the child when we receive the travel document and the adoption order, if the child was adopted in the country of origin, or a confirmation that the transfer of the child to Canada has been authorized, if the adoption will take place in your province.

Please be assured that the permanent residence application of [child’s name] will receive prioritized processing.

Yours sincerely,

Visa officer

c.c.: sponsor

• The prospective adoptive parents will need to contract the ministry or a licenced adoption agency of a province or territory (PT), after which:
  • The provincial or territorial (PT) central adoption authorities will need to request a home study of the prospective parents from a competent authority for determining the suitability of the prospective parents
  • The central adoption authority will need to prepare a report on the competency of the prospective adoptive parents, on receiving the home study by the province or territory (PT), and forward it to the central adoption authority in the country where the child resides and,
  • The sponsorship process will typically commence once the province or territory (PT) makes a recommendation
• The sponsor will need to submit the sponsorship application to the Case Processing Centre in Mississauga (CPC-M), indicating the sponsor’s intention to adopt
  • The application will need to name the child to be adopted
  • In case the child has not been identified, the application will need to indicate the country where the adoption will take place
• The Case Processing Centre in Mississauga (CPC-M) will need to advise the central adoption authority in the province or territory (PT) of intended destination of the sponsor’s intent to adopt
  • Thereafter, the Case Processing Centre in Mississauga (CPC-M) will need to provide the relevant information related to the child or to the country where the adoption will take place
  • The Case Processing Centre in Mississauga (CPC-M) will also need to request a letter of no objection or notice of agreement
• The Case Processing Centre in Mississauga (CPC-M) will need to create a permanent residence application in the Global Case Management System (GCMS) and forward the sponsorship recommendation to the visa office
• The central adoption authority in the country where the child resides would need to review the report and the information on the prospective adoptive parents
  • Thereafter, the central adoption authority will need to match the prospective adoptive parents to a child, prepare an adoption proposal and forward the proposal to the central adoption authority in the province or territory (PT) of destination
• The provincial or territorial (PT) central adoption authorities will need to review and assess the information related to the child
  • Thereafter, it would need to provide provincial or territorial (PT) agreement and submit the information to the prospective adoptive parents for their approval
• The province or territory (PT) will need to prepare a notice of agreement signed by the prospective adoptive parents and forward it to the visa office and the central adoption authority in the child’s country of residence
• The visa office will typically combine the information on the immigration application, the sponsorship information and the notice of agreement to form a complete file and application
• The prospective adoptive parents will need to complete and sign the Medical Condition Statement, which will serve to indicate their knowledge of the child’s health condition, and send it to the visa office
• Unless the visa office has reasonable grounds for believing that the process of the central adoption authority in the child’s country of residence lacks integrity or competency, the officers will need to consider the notice of agreement as fulfilling the requirements specified in the provisions of subsection R117 (2)
  • For more information on this, officers will need to go through the section titled ‘The Provincial or Territorial (PT) Letter of Agreement or Letter of No Objection’ i.e. section 5.7 of OP 3
• The visa office will need to assess the child (or applicant) against the prescribed eligibility criteria, if it is satisfied with the notice of agreement
• The visa office would need to inform the provincial or territorial (PT) central adoption authorities of the results (i.e. that the applicant meets the prescribed requirements)
  • The provincial or territorial (PT) central adoption authorities, in turn, will need to inform the central adoption authority in the child’s country of residence
• The central adoption authority would need to complete the relevant adoption procedures, before issuing the adoption papers and forwarding them to the visa office
• Upon completion of the prescribed adoption procedures, when the visa office receives the final adoption order, it will need to complete the immigration process and issue the visa