Can I sponsor a child I am in the process of adopting?
Sponsoring an adopted child to Canada is one of the more complex federal immigration processes. The rules depend on whether the adoption has already been legally completed or is still in progress, and on the laws of the child's country of origin, the laws of the child's home province, and Canada's obligations under international adoption treaties.
Canada is a signatory to the Hague Convention on Intercountry Adoption, which governs adoptions from most countries. For Hague countries, the adoption process must follow the convention's procedures. For non-Hague countries, additional steps apply. In both cases, the provincial government (in your case, Ontario) has a role in approving the adoption alongside the federal immigration process.
A child can be sponsored as a member of the family class once the adoption is legally finalized and IRCC is satisfied the adoption was not entered into primarily for immigration purposes. In some provinces and circumstances, children may be brought to Canada on a temporary basis while adoption proceedings continue, but this is complex. Because adoption immigration involves both federal and provincial law, engaging an immigration lawyer with adoption experience at the outset is strongly advisable.
Key takeaways
- Intercountry adoption immigration involves both federal immigration law and Ontario adoption law
- Hague Convention procedures apply for adoptions from most countries
- The adoption must be legally finalized and genuine before permanent residence is granted
- Both federal IRCC and Ontario provincial authorities have roles — get specialized legal advice early