Adopted Child Immigration to Canada

A Canadian citizen who adopts a child abroad usually has two routes: a direct grant of citizenship under Citizenship Act s.5.1, or Family Class sponsorship for permanent residence. A permanent resident generally has only the sponsorship route. Either way, the adoption must be genuine and legally valid, and provincial or territorial approval normally comes first. An officer decides.

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Last verified: November 2026

Citizenship Act s.5.1
The direct grant of citizenship for a child adopted abroad by a Canadian citizen
1,095 days
Physical presence a parent who is a citizen by descent or by an adoption grant, born outside Canada, generally needs before an adoption on or after December 15, 2025
14 to 79
The ages at which biometrics are generally collected on the sponsorship route

Which routes can bring an adopted child to Canada?

Canadian law treats a child adopted abroad differently depending on whether the parent is already a citizen. IRCC adds that some parents must use one process or the other, and some can choose.

Family Class sponsorship (permanent residence): Canadian citizens and permanent residents may sponsor an adopted child as a member of the Family Class (IRPA s.12(1) and IRPR s.117(1)(b) read with s.117(2), or s.117(1)(g) for a child under 18 the sponsor intends to adopt in Canada), which makes the child a permanent resident on arrival. The child does not become a citizen automatically. As a PR, they can apply for citizenship later once they meet the usual residence requirements.
Direct citizenship grant (Canadian citizens only): Under the Citizenship Act s.5.1, a Canadian citizen may apply for a grant of citizenship for a child adopted abroad while the child is a minor, without first going through permanent residence. It can affect whether the child can later pass citizenship to their own children born abroad. Permanent residents cannot use this route, and IRCC says some citizen parents must use the immigration process instead.

On the sponsorship route, the child is generally assessed as a dependent child, normally meaning under 22 and without a spouse or common-law partner. A child 22 or older can still qualify if they have depended substantially on a parent for financial support since before age 22 due to a physical or mental condition.

Standard sponsorship and admissibility requirements apply, including a medical examination, biometrics (generally collected from applicants aged 14 to 79), and security and background checks.

The rule

A Canadian citizen who adopts a child abroad can apply for a direct grant of citizenship for that child, bypassing the permanent residence step.

Citizenship Act s.5.1Verify on justice.gc.ca

Why does provincial approval usually come before IRCC?

International adoption in Canada is regulated at both the federal (IRCC) and provincial or territorial level. Provincial approval must generally be obtained before or alongside the IRCC immigration process:

Each province and territory has its own adoption authority and process
Prospective adoptive parents typically undergo a home study conducted or approved by a competent authority (IRPR s.117(3)(a)), which assesses the family's suitability and living situation
IRCC needs the province's written approval (Hague adoptions) or its written statement that it does not object to the adoption, often called a Letter of No Objection (IRPR s.117(3)(e), (f))
Timelines vary, and IRCC says some adoption cases can take several years to process
Some provinces have paused adoption from certain countries. Verify current status with your provincial authority

What changes when the child's country is a Hague Convention country?

Whether the child's country is a party to the Hague Convention on Intercountry Adoption (the 1993 Hague Convention) shapes the adoption process.

Hague Convention and non-Hague countries compared
Factor	Hague Convention Country	Non-Hague Country
Process	Follow Hague Convention procedures in both countries	IRCC and provincial requirements still apply, with different procedures
Central Authority involvement	Required in both: the competent authorities of the child's country and of your province or territory state in writing that they approve the adoption as conforming to the Convention (IRPR s.117(3)(f))	No Convention approval. There must be no evidence of child trafficking or undue gain, and if you lived in Canada, your province states in writing that it does not object (IRPR s.117(3)(e), (g))
Where the adoption is completed	Depends on the country: IRCC says some countries require the adoption to be completed where the child will live (such as Canada), others in the child's home country	Same: some countries require completion in Canada, others in the child's home country
Provincial role	Provinces and territories run the adoption process. Your provincial or territorial central authority tells you whether you need a licensed adoption agency	Provincial process still required, and rules vary by province
IRCC immigration step	Child must still meet immigration requirements for PR or citizenship	Same, immigration and admissibility assessment required

Canada has been a party to the Hague Convention since 1996. Verify whether the child's country of origin is also a party at the Hague Conference on Private International Law website or through your provincial adoption authority.

What conditions apply to the citizenship grant under s.5.1?

Under section 5.1 of the Citizenship Act, the conditions an officer generally assesses include:

The adopting parent must be a Canadian citizen, not only a permanent resident
The adoption was in the best interests of the child
The adoption created a genuine relationship of parent and child
The adoption was in accordance with the laws of the place where it took place and of the adopting citizen's country of residence
The adoption did not occur in a manner that circumvented the legal requirements for international adoptions
The adoption was not entered into primarily to acquire a status or privilege relating to immigration or citizenship
For Hague Convention countries, the adoption must follow the Hague Convention process. Provincial or territorial authorization is normally required

What did Bill C-3 change for adopted children?

On December 15, 2025, amendments to the Citizenship Act came into force (Bill C-3, An Act to amend the Citizenship Act (2025)). They changed the "first-generation limit" on citizenship by descent and added a "substantial connection" test for the next generation. This affects whether a child can later pass Canadian citizenship to their own children born or adopted abroad.

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Can I bring my adopted child to Canada?

Yes, if the adoption is genuine, legally valid and approved by your province or territory. A Canadian citizen can usually apply for a direct citizenship grant under Citizenship Act s.5.1 or sponsor the child for permanent residence. A permanent resident generally has only the sponsorship route. An officer decides each case.

How do I sponsor an adopted child to Canada?

You sponsor the child as a member of the Family Class, which makes the child a permanent resident on arrival (IRPA s.12(1); IRPR s.117). Provincial or territorial approval normally comes first. The child then goes through a medical exam, biometrics if aged 14 to 79, and security checks. The Dependent Children Sponsorship guide covers the age rules that apply to sponsored children.

What counts as an adopted child for immigration purposes?

Under IRPR s.3(2), an adoption must create a legal parent-child relationship and sever the earlier legal parent-child relationship. IRPR s.117(2) adds that the adoption of a child under 18 must be in the child's best interests under the Hague Convention, and must not have been entered into mainly to gain status. The IRPR explorer shows both sections in full.

Can foster children immigrate to Canada as adopted children?

Generally no. IRPR s.3(2) counts only an adoption that creates a legal parent-child relationship and severs the earlier one, and foster care or guardianship alone does neither. A child under 18 whom a sponsor intends to adopt in Canada can be sponsored under IRPR s.117(1)(g), with a written statement from the province. An officer decides. The IRPR explorer has the full text.

Can I start the IRCC adoption process before the adoption is finalized?

In most cases, IRCC says to complete both the adoption process and the citizenship or immigration process before you bring the child to Canada. You can start the immigration process first if the child's country requires a probationary period before the adoption is finalized, or if the adoption will be completed in Canada. Do not bring a child to Canada before the immigration process is complete; IRCC says not to plan the return until you know for certain that you meet all the requirements.

What if my child's birth country is not a Hague Convention signatory?

You still follow the provincial adoption process and the IRCC immigration requirements. The process may differ by country; for a non-Hague adoption, IRPR s.117(3)(g) requires that there be no evidence of child trafficking or undue gain. Contact your provincial adoption authority and IRCC for the rules that apply to the child's country of origin.

Citizenship grant or sponsorship: which is faster for an adopted child?

It depends on your status and goals. Only citizen parents can use the direct grant under s.5.1. It skips the permanent residence step, and it can affect whether the child later passes citizenship to children born abroad. IRCC notes that some cases, on either route, can take several years. Sponsorship makes the child a permanent resident first, and the child can apply for citizenship later like any other PR.

How did Bill C-3 change citizenship for adopted children?

Bill C-3, in force December 15, 2025, changed the first-generation limit and added a substantial-connection test. A child adopted abroad before that date by a citizen parent can generally be granted citizenship under s.5.1. For an adoption on or after that date, a citizen parent who is a citizen by descent or by an adoption grant and was born abroad generally needs 1,095 days of physical presence in Canada before the adoption. The Citizenship by Descent guide explains the test.

Part of:Sponsoring family

Official sources

This page is based on law and policy published by the Government of Canada.