1. Background on Canadian citizenship for adopted children
Canada is known for its inclusiveness and multiculturalism. As a result, many families from around the world choose to adopt children from, or within, Canada. The Canadian government recognizes the importance of family reunification and offers various paths to citizenship for adopted children. These paths include citizenship by descent, citizenship by grant, and citizenship by naturalization, each with its own unique set of requirements
2. Adoption Process Overview
Domestic adoption
Domestic adoption refers to the adoption of a child who is a Canadian citizen or permanent resident by a family living in Canada. In this case, the child’s citizenship status is typically retained. For a detailed guide on domestic adoption in Canada, please visit the Government of Canada’s adoption webpage.
International adoption
International adoption occurs when a Canadian citizen or permanent resident adopts a child from another country. In such cases, the adopted child can acquire Canadian citizenship through a grant or naturalization process. The Hague Adoption Convention, an international treaty, sets out guidelines and safeguards for intercountry adoptions. For more information on international adoption and the Hague Adoption Convention, visit the Intercountry Adoption Services webpage.
Provincial and territorial regulations
Adoption laws in Canada are governed by provincial and territorial legislation. As such, the adoption process, requirements, and eligibility criteria may vary depending on the province or territory where the adoption takes place. To understand the specific regulations and procedures applicable in your area, consult your provincial or territorial adoption authorities.
3. Canadian Citizenship Requirements for Adopted Children
Citizenship by descent
Citizenship by descent refers to the process of obtaining Canadian citizenship for a child adopted by a Canadian citizen, where the child automatically acquires citizenship due to their adoptive parent’s citizenship status. This option is generally applicable to children adopted outside of Canada by Canadian citizens.
Citizenship by grant
Citizenship by grant is the process through which an adopted child becomes a Canadian citizen after the adoption process has been completed. This is applicable to children adopted internationally by Canadian citizens or permanent residents who do not qualify for citizenship by descent.
Citizenship by naturalization
Citizenship by naturalization is the process through which a child adopted by a Canadian permanent resident acquires Canadian citizenship after meeting certain residency and other requirements. This path is generally applicable to children adopted from abroad by permanent residents living in Canada.
4. Citizenship by Descent for Adopted Children
Eligibility criteria
To qualify for Canadian citizenship by descent, the adopted child must meet the following criteria:
- The child must be adopted by a Canadian citizen.
- The adoption must have taken place outside of Canada.
- The adoptive parent must have been a Canadian citizen at the time of the adoption.
- The child must be under 18 years of age at the time of the adoption.
- The adoption must be in the best interests of the child.
- The adoption must create a genuine parent-child relationship that severs the pre-existing legal parent-child relationship.
For more information on the eligibility criteria, consult the Citizenship Act.
Application process
To apply for citizenship by descent for an adopted child, the adoptive parent(s) must submit the Application for a Citizenship Certificate for an Adopted Person (CIT 0012). The application must include all required documentation and be accompanied by the applicable fees.
Required documentation
The following documents must be submitted along with the application:
- Proof of the adoptive parent’s Canadian citizenship (e.g., Canadian birth certificate, citizenship certificate, or valid Canadian passport).
- A certified copy of the adoption order.
- The child’s original birth certificate (with translation, if necessary).
- A copy of the child’s foreign passport or other travel document.
- Two identical passport-sized photos of the child.
- Additional documents as required (e.g., legal name change documents, proof of relationship, etc.).
For a complete list of required documentation, consult the CIT 0012 application guide.
5. Citizenship by Grant for Adopted Children
Eligibility criteria
To be eligible for citizenship by grant, the adopted child must meet the following criteria:
- The child must be under 18 years of age at the time of application.
- The adoption must have taken place outside of Canada, or the child must be residing in Canada with a valid immigration status.
- The adoptive parent(s) must be Canadian citizen(s) or permanent resident(s) and must sponsor the child for permanent residency.
- The adoption must be in the best interests of the child.
- The adoption must create a genuine parent-child relationship that severs the pre-existing legal parent-child relationship.
For more information on the eligibility criteria, consult the Citizenship Act.
Application process
To apply for citizenship by grant for an adopted child, the adoptive parent(s) must first sponsor the child for permanent residency. Once the child has obtained permanent resident status, the parent(s) can submit the Application for Canadian Citizenship - Minors (CIT 0003). The application must include all required documentation and be accompanied by the applicable fees.
Required documentation
The following documents must be submitted along with the application:
- Proof of the child’s permanent resident status (e.g., Permanent Resident Card or Confirmation of Permanent Residence).
- A certified copy of the adoption order.
- The child’s original birth certificate (with translation, if necessary).
- A copy of the child’s foreign passport or other travel document.
- Two identical passport-sized photos of the child.
- Additional documents as required (e.g., legal name change documents, proof of relationship, etc.).
For a complete list of required documentation, consult the CIT 0003 application guide.
6. Citizenship by Naturalization for Adopted Children
Eligibility criteria
To be eligible for citizenship by naturalization, the adopted child must meet the following criteria:
- The child must be a permanent resident of Canada.
- The child must have lived in Canada for at least three out of the last five years before the application.
- The child must have filed taxes, if required, for at least three years within the five-year period.
- The child must pass a citizenship test, if between the ages of 14 and 17.
- The child must not have any criminal prohibitions or unfulfilled conditions related to their permanent resident status.
For more information on the eligibility criteria, consult the Citizenship Act.
Application process
To apply for citizenship by naturalization for an adopted child, the adoptive parent(s) must submit the Application for Canadian Citizenship - Minors (CIT 0003). The application must include all required documentation and be accompanied by the applicable fees.
Required documentation
The following documents must be submitted along with the application:
- Proof of the child’s permanent resident status (e.g., Permanent Resident Card or Confirmation of Permanent Residence).
- A certified copy of the adoption order.
- The child’s original birth certificate (with translation, if necessary).
- A copy of the child’s foreign passport or other travel document.
- Two identical passport-sized photos of the child.
- Additional documents as required (e.g., legal name change documents, proof of relationship, etc.).
For a complete list of required documentation, consult the CIT 0003 application guide.
7. Special Considerations and Exceptions
Hague Adoption Convention cases
The Hague Adoption Convention aims to protect the best interests of children involved in intercountry adoptions. Canada is a signatory to this treaty, and adoptions between Canada and other Convention countries must follow the Convention’s processes and requirements. For more information on the Hague Adoption Convention, visit the Intercountry Adoption Services webpage.
Cases involving Aboriginal peoples
Adopted children of Aboriginal descent may be eligible for certain benefits and services specific to their Indigenous heritage. To access these benefits, the child must be registered with their respective Indigenous community or organization.
Cases involving refugees
Adopted children who are refugees or have refugee-like situations may have unique citizenship and immigration considerations. To learn more about the process for sponsoring a refugee child for adoption, consult the Refugee Sponsorship Training Program.
Cases involving statelessness
In cases where an adopted child is stateless, meaning they are not considered a citizen of any country, Canada may grant citizenship to prevent the child from remaining stateless. Each case is evaluated on an individual basis, taking into account the child’s best interests and the specific circumstances surrounding their statelessness.
8. Maintaining and Renouncing Citizenship
Dual citizenship
Canada recognizes and allows dual citizenship, which means that an adopted child who becomes a Canadian citizen may also retain their original citizenship, depending on the laws of their birth country. Some countries may require the child to choose between their original citizenship and Canadian citizenship upon reaching adulthood. It is important to research the specific regulations of the child’s birth country to understand the implications of dual citizenship.
Renouncing Canadian citizenship
In some cases, an individual may choose to renounce their Canadian citizenship, usually due to the requirements of another country. To renounce Canadian citizenship, the individual must be at least 18 years old, a citizen of another country, and not be a security threat or part of a pattern of criminal activity. For more information on renouncing Canadian citizenship, consult the Government of Canada’s renunciation guide.
Summary of Canadian citizenship requirements for adopted children
In conclusion, there are several paths for adopted children to obtain Canadian citizenship, depending on their unique circumstances. These paths include citizenship by descent, citizenship by grant, and citizenship by naturalization. Each path has specific eligibility criteria, application processes, and required documentation. It is important for adoptive parents to thoroughly research and understand the requirements for the path that best suits their situation.
Additional resources and support
For additional information and support throughout the adoption and citizenship process, consider consulting the following resources:
- Government of Canada’s adoption webpage
- Provincial and territorial adoption authorities
- Intercountry Adoption Services
- Refugee Sponsorship Training Program
By staying informed and utilizing available resources, adoptive parents can help ensure a smooth and successful citizenship process for their adopted children.
