Adopting a Child from Another Country as an Ontario Resident

Adopting a child from another country involves more than one government. You deal with Ontario, with the child's country of origin and with the federal immigration system. Each has its own steps, and the order matters.

This article walks through the main stages for an Ontario resident, from provincial approval and the homestudy to the federal step. It is general information, not advice on your own file, and a lawyer can confirm how it applies to you.

Two processes that both have to be completed

Most international adoptions require a provincial adoption process and an immigration or citizenship process with Immigration, Refugees and Citizenship Canada. Both must be completed before the child is brought to Canada.

To be eligible to adopt, you must meet the adoption requirements of your province or territory. In Ontario, adoptive parents must be Ontario residents and can be a couple or a single person.

If you are adopting a relative who lives outside Canada, the same international process applies. That means a licensed agency or individual, a SAFE homestudy, approval from the Ministry of Children, Community and Social Services, and an application to Canadian immigration.

The Ontario rule you cannot skip

A person habitually resident in Ontario must not leave Ontario for an intercountry adoption without first applying to a licensee, getting a homestudy and obtaining the Director's approval. Breaking this rule under the Intercountry Adoption Act, 1998 can lead to a fine of up to $5,000, up to two years' imprisonment, or both.

If the Director refuses approval or approves it with conditions, you are entitled to a hearing before the Board. That is one reason to keep every letter and notice you receive.

The usual provincial steps

• Choose a licensed agency or licensed individual and apply to them, because the application to a licensee comes first.
• Complete the homestudy and the PRIDE training. Licensed agencies charge extra for these.
• Receive the ministry approval letter, which is valid for two years.
• Wait for a child proposal. If none arrives within two years, the homestudy must be updated.
• Complete the adoption. In most cases it is finalized in the child's country of origin.

An adoption made outside Ontario has the same effect in Ontario as an adoption under Part VIII of the Child, Youth and Family Services Act. Whether a particular foreign adoption is recognized in practice is worth confirming before you travel.

Ontario says the adoption process can take at least a year and sometimes longer. Plan for that length of time, and keep copies of every application, approval and report as you go.

Costs and timing

These are general ranges, not fixed prices. Ask any agency for a written list of what is and is not included before you sign.

The federal step and what to do next

Federally, some adoptive parents can use the citizenship process, others must use the immigration process, and some may choose either. Which applies depends on your situation, so check the current guidance from Immigration, Refugees and Citizenship Canada and confirm it with a lawyer.

Under the Child, Youth and Family Services Act, on the date of an Ontario adoption order the adopted child becomes the child of the adoptive parent, and each former parent stops being a parent. The exception is a stepparent adoption, where a former parent who is the spouse of the adoptive parent does not lose parent status. How this applies to an adoption finalized abroad depends on the facts and is worth confirming with a lawyer.

• Confirm you are an Ontario resident and decide whether you are applying alone or as a couple.
• Research licensed agencies and ask what the country you are considering requires.
• Budget for the agency fee, the homestudy, training and travel.
• Do not travel for an adoption until the Director's approval is in hand.
• Speak with a lawyer about the federal step before you commit to a child proposal.

Frequently asked questions