International (Intercountry) Adoption

An Ontario resident who intends to adopt a child from another country and to bring the child into Ontario, either before or after the completion of the adoption, and whether the adoption is to be finalized in the child’s country of origin or in Ontario, must comply with the following intertwining requirements in order to ensure that the child will be authorized to enter and live permanently in Canada:  federal immigration regulations, Ontario intercountry adoption requirements, laws governing adoption and/or custody in the child’s country of origin and , if applicable, the requirements of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption ( ‘the Hague’).

The Hague applies when a child habitually resident in one Contracting State has been, or is to be moved to another Convention State after his or her adoption in the country of origin by spouses or a person habitually resident in receiving State, or for the purposes of such an adoption in the receiving State, or in the State of origin. “Habitually resident’ is not defined in the Hague or in the Ontario implementing legislation.

Where an Ontario resident who is a Canadian citizen or permanent resident seeks to sponsor a foreign child whom the person has adopted or intends to adopt in Canada, for permanent resident status in Canada as a member of the ‘family class’, or seeks to obtain Canadian citizenship for the adopted child as a child of a Canadian, this status will not be conferred upon the child until Canadian immigration authorities have requested and obtained a written statement that the Ministry does not object to the adoption and that all the provincial intercountry adoption requirements have been met.  Where the Hague applies, this written statement, which must be issued by the Ministry in its capacity as Central Authority under the Hague, must confirm that both the Ministry and the Central Authority of the child’s country of origin have agreed that the adoption may proceed as being in compliance with Hague requirements. If a child were to have been adopted by an Ontario resident in a foreign country without such provincial notification letter, the child will most likely have to remain in the country of origin.

It is important to note that persons hoping to adopt a relative child from another country are not exempt from any of the Ontario intercountry adoption requirements, nor from the Hague requirements, if applicable. It is also important to note that custody or guardianship of a child will not bring the child into the ‘family class’ category for immigration purposes.

If an international adoption is to be finalized in Ontario and is not a Hague case ( for example a placement from Morocco), an individual licensee can facilitate the adoption. If the adoption is to be finalized in the country of origin and/or is a Hague case ( for example, an adoption from India) only a licensed intercountry agency can facilitate the adoption. In either case the licensee or agency must have a term on its licence for the specific country. For relatives hoping to adopt a child from a country for which no agency has a program, it will be necessary to find an agency willing to attempt to obtain a ‘one-time’ term on its licence, often an onerous and lengthy process.

For Ontario residents hoping to adopt internationally, whether or not the Hague applies, there is a two step process that must be complied with:

1. The prospective adoptive applicants must be approved by the Ministry as suitable and eligible to adopt a child from the specific country, such determination to be made on the basis of a homestudy completed by an approved adoption practitioner, the homestudy further making recommendations as to the age and other characteristics of a child for whom the applicants would be best suited. The said homestudy must be sent to the Ministry with a request for review by the appropriate licensee or licensed agency authorized to facilitate an adoption from the specific country; and
2. After the child is matched in the country of origin with the prospective adoptive parents on the basis of the Ontario Letter of Approval for the foreign authority, the Ministry must further approve the adoption or the bringing of the child into Ontario for adoption purposes. In order to issue such Approval and the notification letter to the Canadian Visa office, the Ministry will want proof that reports confirming that social and medical information in respect of the child has been reviewed with the applicants by their approved adoption practitioner and that they are accepting of the child proposal, and proof of compliance with the laws of the child’s country.

If the Hague applies, there are additional requirements including the exchange between the Central Authority of the country of origin of the child and the Ministry, of Articles confirming the completion of steps which are the responsibility of the respective Central Authorities ( such as determining, in the case of the country of origin, that any consents necessary for the adoption of the child in the country of origin have been properly obtained, and in the case of the receiving country, determining that the child will be able to enter and live permanently in the receiving country).  In addition, the Hague requires the agreement of both Central Authorities that the adoption may proceed before the child may be entrusted to the prospective adoptive parents.

ABOUT THE AUTHOR

For more than 35 years, Cheryl Appell has represented and advised adoptive parents and biological parents, as well as adoption agencies and licensees, in relation to adoption proceedings and has been an adoption licensee in Ontario.

Phone: 416.927.0891 ext. 122
Email: appell@dicksonappell.com