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Ontario|FamilyAdoption 129 Adopting a child from abroad It can be very difficult and time consuming to adopt a child in Canada. For personal or humanitarian reasons, many people choose to adopt a child from abroad. This is a complicated process, and you should consult an immigration lawyer. This section will provide a general overview of how the law in Ontario affects the process of adopting a child from abroad.
Children adopted abroad immigrate to Canada in the family class category. The adoptive parents sponsor the child to come to Canada after the child has been adopted according to the laws of the child's home country. An adoption that is legally completed in a foreign country is given automatic legal recognition in most of Canada.
To sponsor the immigration of an adopted child, you must be a Canadian citizen or permanent resident aged 19 or older. You must promise to provide support for the child for 10 years, and you must demonstrate that you are able to provide financial support. Children eligible to be sponsored must be adopted outside Canada according to the laws of their home country. Adoption laws vary from country to country and you should consult an immigration lawyer to help you through the process. You can obtain more information about immigration under the family class on Legal Line .
The following is a brief summary of the typical procedure that would be followed to adopt a child from another country.
First, you should contact the adoption authorities of the province where the child will live to determine the provincial adoption requirements. In Ontario, the Ministry of Community and Social Services may want to conduct a homestudy of the adoptive parents. This will depend on the adoption laws of the country where the child lives. The provincial adoption authorities will usually need to issue a letter of approval.
Second, you can begin the immigration process by submitting a sponsorship application for a family class immigrant. The application should include an Undertaking form, a Financial Evaluation form, and the processing fee of $100 per child.
Third, the adoptive parents should complete an application for Permanent Residence on behalf of the child. This application should be submitted to the visa office in the child's home country.
When the sponsorship application is approved, a visa officer will decide whether the child can be admitted into Canada as an immigrant.
Three conditions must be satisfied before the immigrant visa is issued. First, the child must meet all the basic immigration requirements including a medical check. Second, the provincial child welfare authority must approve the adoption. Third, the foreign authority must allow the transfer of the child to the adoptive parents. The child can travel to Canada once an immigrant visa is issued. Sponsors should not attempt to go abroad intending to return to Canada with the child until the immigration process is complete.
The adoptive parents can apply for Canadian citizenship for the child after the child arrives in Canada and is granted permanent residence.
You can obtain more information about international adoption from an immigration lawyer, the Ontario Ministry of Community and Social Services, or a Canada Immigration Centre.
ABUSE: CHILD AND SPOUSAL
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