Adopting a child is a profound and rewarding journey, but for those looking to adopt a child who is not a Canadian citizen, the process can be influenced by the child’s immigration status in Canada. In Canada, whether a child is a permanent resident or a temporary resident on a visitor visa can significantly impact the adoption process.

Permanent Resident Status

For a child with permanent resident status in Canada, the adoption process is relatively straightforward and aligns with Canadian adoption laws. Permanent residency means the child is officially recognized as a resident of Canada and is entitled to many of the rights and privileges of Canadian residents.

Key Points for Permanent Residents:

• Adoption Process: The process will proceed according to Canadian adoption regulations without any additional complexities related to the child’s immigration status.
• Legal Framework: Canadian adoption laws will govern the adoption, which includes home studies, background checks, and compliance with provincial or territorial regulations.
• Residency Assurance: There’s no need for additional documentation from the child’s country of origin regarding residency status, as the child is considered a part of the Canadian immigration system.

Visitor Visas and Temporary Residency

When it comes to children who are in Canada on a visitor visa (or a temporary resident visa), the situation becomes more complex. Visitor visas, which can also include temporary study permits, imply that the child is in Canada temporarily and does not have permanent resident status.

Key Points for Children on Visitor Visas:

• Additional Documentation: You will likely need to provide documentation from the child’s home country to confirm that the child is no longer under the jurisdiction of their home country and that they do not have residency rights there. This helps establish that the child’s home country has relinquished any claim over the child’s residency.
• Intercountry Adoption Process: Since the child is not a permanent resident, the adoption may need to follow the intercountry adoption process, which involves additional legal and procedural steps. This process may include international legal requirements and compliance with the Hague Convention on Intercountry Adoption, if applicable.
• Jurisdiction and Legal Implications: The child’s temporary status means that Canadian immigration authorities may require you to navigate complex legal channels to ensure that the adoption is both legally binding and recognized in both Canada and the child’s home country.

Still have Questions?

For prospective adoptive parents, its important to understand these distinctions early in the process and consult with professionals who can guide you through the specific requirements of Canadian adoption laws and international adoption regulations. Please contact our office at 604.853.0774 to be set up with a member of our Adoption Team.

More information on cost and timeline for international and domestic adoptions can be found here: https://rdmlawyers.com/insights/fees/adoptions-cost-and-timeline/

More information on adult adoptions can be found here: https://rdmlawyers.com/insights/adoption/overview-of-adult-adoption-in-bc/