|
International adoptions are a popular choice
for Ontario residents especially since there are more children
overseas who need homes and the process is often faster than
a domestic adoption. International adoptions are extremely
complex; the laws of Ontario, federal immigration laws and
the laws of the child's country of origin must all be observed
and followed. A licensed private adoption agency can ensure
that all procedures and laws are followed so that the adoption
is successful.
If you're an Ontario resident and planning
to adopt a child in another country you must meet the following
requirements:
- Apply to adopt through an Ontario licensed
international adoption agency;
- Obtain a Home Study prepared by an approved
adoption practitioner;
- Have the appropriate officials
in the Ministry approve of your suitability based on a review
of the Home Study and supporting documentation.
Legal Issues
The adoption laws of the child’s country
of origin will determine which Ontario law applies to the
adoption. Adoptions that are finalized in Ontario are governed
by the Child and Family Services Act. Adoptions that are finalized
in the child’s country of origin are governed by the
Intercountry Adoption Act . The provisions of the Hague Convention
on Intercountry Adoptions may apply to both types of adoptions
where the child’s country has implemented the Hague
Convention.
With the increase of child
abduction and trafficking around the world, many countries
have signed the Hague Convention in an effort to make international
adoption a safer and more secure process. The Hague Convention
is an international agreement which lays out guidelines to
govern adoption processes in these countries and to protect
the best interests of children. The Convention also has safeguards
in place to protect birth and adoptive families but its main
goal is to ensure that an international adoption is in the
best interests of a child and that his/her fundamental rights
are protected. More
information about the Hague Convention.
Canada has been a partner in
the Hague Convention since 1993 and all provinces and territories
follow the Convention's guidelines. Canadians can adopt from
countries that have not ratified the Hague Convention. These
adoptions have similar steps but lack the assurances of Hague
Convention adoptions.
Choosing the citizenship process or the
immigration process
According to Citizenship and Immigration
Canada's web site, as of December 23, 2007, anyone adopted
by a Canadian citizen after February 14th, 1977 can apply
for a grant of Canadian citizenship without first becoming
a permanent resident. Some new adoptions, however, will still
need to use the immigration process. The following explains
the two processes and will assist you in deciding which to
pursue.
The Citizenship
Process:
You can apply for citizenship for an adopted person if:
- at least one adoptive parent is,
or was, a Canadian citizen when the adoption took place
- the adoption severs (or severed)
all ties with the adopted person’s legal parents
- the adoption was or will be completed
outside Canada (except for Quebec)
The adopted person does not meet the
requirements for the citizenship process if:
- neither parent was a Canadian citizen
when the adoption took place
- the adoption took place before
February 15, 1977
- the adoption did not fully sever
all ties with the child’s legal parents
- the adoption will be completed
in Canada, or
- a probationary period is to be
completed in Canada before a final adoption order is issued
from the child’s birth country.
More information on how to apply for Citizenship
can be found here: How
to apply for Citizenship
More information on what happens after you apply for Citizenship
can be found here: After
applying for Citizenship.
The Immigration Process:
You can use the immigration process
to apply for permanent resident status for the adopted child
if:
- the adopted child is going to Canada
to live right after the adoption takes place, or
- one or both parents are Canadian citizens
or permanent residents.
The adopted person does not meet the requirements
for the immigration process if:
- the adopted person is not going to Canada
to live right after the adoption takes place
- you are an adult adoptee living outside
Canada and not returning to Canada to live right after your
application is approved.
More information on Immigration can be found
here: How
to Apply for Immigration, After
Applying for Immigration, Arriving
in Canada with Your Child
For more information regarding
immigration issues, contact Citizenship and Immigration Toll
Free at: 1-888-242-2100
An international adoption is expensive.
Depending on the country, an international adoption can cost
anywhere from $10,000 to $50,000. Here are some of the things
you will have to pay for:
- Charges by your approved adoption practitioner
to prepare the home study, review the adoption proposal and
compile progress or follow-up reports;
- Fees charged by the licensee or licensed
international adoption agency;
- Fees for translation of documents, notarization
and authentication of documents;
- Federal immigration fees for sponsorship
visa applications, medical examinations, etc.;
- Ministry of Community and Social Services
fee for adoptions completed outside Canada , for reviewing
the home study and adoption proposal, correspondence and
liaison with adoption service providers, the Federal Government,
and foreign adoption authorities, etc. (You may qualify
for a fee waiver, so ask your licensed international adoption
agency about this);
- Travel and living expenses for you and
your child;
- Visa and passport for the child from
the child’s country of origin;
- Application fees to the child’s
country;
- Legal fees;
The licensed international adoption agency
or licensee you hire will develop a service agreement with
you, specific to the country from which you are adopting.
This will include an estimate of expenses that will be incurred
for the entire adoption process. As part of the home study
you will be required to sign a Memorandum for Adoptive Applicants
which defines the types of services for which fees can be
charged. Make sure you understand the adoption agency’s
fee schedule and all of the costs you may incur. If you have
questions about a specific fee, you can discuss it directly
with the agency or with the Ministry.
You can use the travel and translation services
suggested by the adoption agency, or you may make your own
arrangements. Make sure that the translation services are
provided by professional, qualified translators, to ensure
the accuracy of the home study and child proposal documents.
Hiring a licensed private adoption agency
that has a good reputation as well as one that has policies,
payment deadlines and staff you're comfortable with is very
important to the success of your family's adoption. After
all, your agency is responsible for the total management of
the international adoption process until the adoption is complete
and your child safely enters Ontario.
Your licensed international adoption agency
will:
- Ensure that the laws related to international
adoption in Canada, Ontario, and the child’s country
of origin are followed
- Help you understand the laws and procedures
of Ontario and the country from which you wish to adopt
- Provide information to assist you in
choosing the country from which you wish to adopt, if you
have not yet made the choice
- Review immigration procedures with you
- Prepare you for your experience of adopting
from another country
- Present you with a service contract
for your signature, as indicated under costs
- Review and explain the Memorandum for
Adoptive Applicants to you
Your licensed agency is also responsible
for arranging the preparation and submission of follow up
reports where required by the other country.
The children who are available for adoption
may be infants, toddlers and older children. Usually poverty
and the lack of family services are the main factors in making
these children available for adoption. Adoptive parents must
be aware that these children have special needs. These needs
may be due to traumatic early life experiences, health problems,
poor pre-natal and postnatal care, or malnutrition.
These needs could be the result of the following:
- they lived in orphanages and may have
had many caregivers which often leads to attachment problems
- they did not have the stimulation and
human contact a child needs for healthy development
- there is little or no background on
their biological families or their own early life experiences
- they had to fend for themselves “on
the street” whose independence may make it difficult
for them to adjust to life in a family environment
- they suffered physical or emotional
deprivation, leading to long-term problems despite receiving
loving care in their adoptive homes.
After the adoption has been completed, many
families need assistance in dealing with post-adoption issues.
For example, older children may need to talk about their earlier
experiences. They may need professional counseling to help
them deal with their feelings and adjust to their new families.
Adopting a Child of Another Culture
or Race
With an international adoption, the child
is often a different race and/or culture from their adoptive
family. An inter-racial adoption raises a number of issues
that adoptive parents should be prepared for ahead of time.
An Asian child adopted by a Caucasian couple
will be recognizably different and might have more difficulty
'fitting in' than a child from Russia or the Ukraine. Adoptive
parents are now being encouraged to learn about the child's
country and culture so that they can teach their child about
his/her heritage and incorporate parts of the child's culture
into their family life and identity. Honouring the child's
heritage will instill a sense of pride in the child and help
them in the teenage years with their sense of identity.
Some adoptive families also face the reality
of racism and attitudes from others (even relatives, friends
and colleagues) towards those who are culturally or racially
different. Adoptive families must also be prepared for inappropriate
inquiries from others (often inquisitive strangers) about
the child's origins and adoption. Many adoption agencies offer
seminars and training courses that can prepare families for
such situations and issues. There are also support groups
for families that have adopted internationally. These groups
are wonderful supports for not only parents but as well, their
children, who find friendship with other adoptees possibly
from their country of origin.
|
