Adopted Child Sponsorship

Adopted Child Sponsorship can allow an eligible Canadian citizen, permanent resident or person registered under the Indian Act to sponsor a child who has been adopted outside Canada or, in certain cases, a child who will be adopted in Canada.

International adoption involves more than an immigration application. The adoption process itself is primarily governed by provincial, territorial and foreign adoption authorities, while IRCC determines whether the child meets the requirements to immigrate to Canada as a member of the Family Class.

Anka Canada Immigration Consulting assists families with assessing the immigration requirements connected to an adoption, reviewing sponsorship eligibility and preparing the permanent residence application where the immigration sponsorship process applies.

Services are provided by Volkan Sacilik, RCIC-IRB, CICC Licence No. R1042981.

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How Does International Adoption Work?

For most international adoptions, families need to complete two separate but connected processes:

• the adoption process, involving the relevant provincial or territorial authority and the child’s country of origin; and

• either the Canadian immigration or citizenship process that allows the adopted child to come to Canada.

The adoption rules can differ depending on the province or territory where the family lives and the country from which the child is being adopted.

For this reason, prospective adoptive parents should generally contact their provincial or territorial adoption authority before proceeding with an international adoption.

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Immigration Process or Citizenship Process?

Not every adopted child needs to become a permanent resident first.

Where an adoptive parent is a Canadian citizen, the child may in some circumstances qualify for a direct citizenship process after the adoption. Other families must use the immigration sponsorship process, and in some cases either option may be available.

This distinction should be reviewed early because the citizenship and permanent residence processes are different.

Where the immigration process applies, the child is sponsored as a member of the Family Class and becomes a permanent resident if the application is approved.

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Who Can Sponsor an Adopted Child?

A sponsor must generally:

• be at least 18 years old;

• be a Canadian citizen, permanent resident or person registered under the Indian Act;

• live in Canada if they are a permanent resident;

• if they are a Canadian citizen living abroad, intend to live in Canada when the child becomes a permanent resident; and

• sign the required sponsorship agreement and undertaking.

General sponsorship restrictions can also apply, including previous sponsorship defaults, certain criminal convictions, bankruptcy or receipt of certain forms of social assistance.

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What Requirements Must the Adoption Meet?

Where the adoption was completed outside Canada and the child was under 18, IRCC generally requires that the adoption:

• be in the best interests of the child;

• create a genuine parent-child relationship;

• comply with the laws of the country where the adoption took place;

• comply with the applicable laws where the adoptive parent lives;

• involve the required consent from the child’s biological parents;

• not be primarily intended to provide immigration status; and

• comply with applicable intercountry adoption safeguards.

The specific requirements differ depending on whether the adoption has already been completed abroad or will be completed after the child arrives in Canada.

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The Hague Convention and Provincial Approval

Many international adoptions are governed by the Hague Convention on Intercountry Adoption.

The Convention is intended to protect children and families by establishing safeguards against improper or irregular international adoptions. For Hague Convention cases, authorities in both countries generally need to approve the adoption process.

International adoption is also a provincial and territorial responsibility in Canada. Depending on the case, documentation from the relevant Canadian adoption authority may include approval of the adoption or another confirmation concerning the province’s involvement.

This means that an immigration application cannot be considered in isolation from the underlying adoption process.

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Is There a Minimum Income Requirement?

For an adopted child or a child to be adopted in Canada, the normal minimum necessary income requirement generally does not apply where the child has no children of their own.

The sponsor must nevertheless sign an undertaking and accept financial responsibility for the sponsored child.

The applicable undertaking period depends on factors including the child’s age when they become a permanent resident.

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Adopted Child Sponsorship or Dependent Child Sponsorship?

These processes can overlap in terminology but should not automatically be treated as the same type of case.

A biological child who meets IRCC’s dependent-child definition may generally be sponsored through Dependent Child Sponsorship.

An international adoption involves additional legal requirements concerning the adoption itself, provincial or territorial authorization, the child’s country of origin and, where applicable, the Hague Convention.

Learn more: Dependent Child Sponsorship →

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Common Issues in Adopted Child Sponsorship Applications

Applications may become more complicated when:

• the adoption process was started without involving the appropriate provincial or territorial authority;

• the adoption is not legally recognized in one of the relevant jurisdictions;

• required parental consent is unclear;

• there are concerns about whether the adoption created a genuine parent-child relationship;

• the adoption appears primarily connected to obtaining immigration status;

• Hague Convention requirements were not followed where applicable;

• the wrong immigration or citizenship process is selected;

• required adoption approvals or supporting documents are incomplete.

Because both adoption law and immigration law may be involved, confirming the correct process before significant steps are taken can be particularly important.

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How Anka Canada Immigration Consulting Can Assist

Anka can review the sponsor’s immigration eligibility and the available adoption documentation to determine whether the permanent residence sponsorship process may apply.

Where retained, we can prepare the sponsorship and permanent residence application, review supporting immigration documentation and coordinate the immigration side of the process with the adoption approvals obtained from the appropriate authorities.

The objective is to ensure that the sponsorship application accurately reflects the completed or proposed adoption process and satisfies the applicable Canadian immigration requirements.

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Important Information

International adoption requirements vary by province, territory and country, and the applicable immigration or citizenship process can depend on the circumstances of both the adoptive parent and the child.

This page provides general information only and does not replace advice from the relevant adoption authority or guarantee sponsorship, permanent residence or citizenship approval.