adoption application or dependent child application?

[IrieLady]

Hi All,
I need your advise. I had my daughter through surrogacy and was required to adopt her in my home country in order to get my name on the birth certificate. My husband and I became permanent residents in 2016 and she was born in 2017. I've been living in my home country until 4 months ago when I started living in Canada. I want to apply for Canadian residence for my daughter but I am not sure if I should apply for her as an adopted child or as a dependent child. My daughter is currently in Canada on a temporary resident visitor's visa.

Also which process takes longer, applying for an adopted child or a dependent child? Please advise. Thank you.

 

[IrieLady]

Does Anyone know?

 

[scylla]

You'll need to be patient. It's not a standard question and it may take a few days to get an answer.

If you're looking for an immediate response, then your best bet would be to hire a lawyer.

 

[canuck_in_uk]

Hi All,
I need your advise. I had my daughter through surrogacy and was required to adopt her in my home country in order to get my name on the birth certificate. My husband and I became permanent residents in 2016 and she was born in 2017. I've been living in my home country until 4 months ago when I started living in Canada. I want to apply for Canadian residence for my daughter but I am not sure if I should apply for her as an adopted child or as a dependent child. My daughter is currently in Canada on a temporary resident visitor's visa.

Also which process takes longer, applying for an adopted child or a dependent child? Please advise. Thank you.

Not quite sure what you are asking. You are a PR and your child is your dependent, regardless of whether she is adopted or not. Your only option is to sponsor her.

 

[Cenny]

Not quite sure what you are asking. You are a PR and your child is your dependent, regardless of whether she is adopted or not. Your only option is to sponsor her.

Please I have a related question, how long does the process of sponsoring a dependent child take. Thanks!

 

[Eveslm]

The child is still your dependant even if adopted. It is confusing I know because I did notice that on the application process the is actually an option to sponsor you spouse, partner or dependant children and another one to sponsor adopted child. So although the adopted child is a dependant child (I think its because one can actually sponsor a child as soon as they decide to adopt; before the adoption has been completed). So yes your case is a bit confusing and needs time to go through all the requirements/application guides for both in order to have a clear understanding of which route to take.​

I might have a silly question though...since you had your daughter through surrogacy, it means she is biologically yours and would have your DNA. I was just wondering if a DNA test would help to prove that although the child is adopted due to proceedings from your home country, she is biologically yours; and thus you can sponsor her as your biological child?

For adopted children who are currently in Canada processing time is 19 months
For adopted children who are currently in Canada processing time is 10 months​

 

[Eveslm]

Please I have a related question, how long does the process of sponsoring a dependent child take. Thanks!

For adopted children who are currently in Canada processing time is 19 months
For adopted children who are currently in Canada processing time is 10 months​

 

[PMM]

Hi

Hi All,
I need your advise. I had my daughter through surrogacy and was required to adopt her in my home country in order to get my name on the birth certificate. My husband and I became permanent residents in 2016 and she was born in 2017. I've been living in my home country until 4 months ago when I started living in Canada. I want to apply for Canadian residence for my daughter but I am not sure if I should apply for her as an adopted child or as a dependent child. My daughter is currently in Canada on a temporary resident visitor's visa.

Also which process takes longer, applying for an adopted child or a dependent child? Please advise. Thank you.

1. You can approach this two ways. Both should have a positive outcome, just ensure that give IRCC all the facts. Here is what CIC has to say.

"
Relationship between a parent and a dependent child
A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

• was born to the parent making the application
• is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
• was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there is no genetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked."

If the child doesn't fall into the above category, then as long as the adoption is legal where it took place, then you are good to go.

 

[Eveslm]

Hi



1. You can approach this two ways. Both should have a positive outcome, just ensure that give IRCC all the facts. Here is what CIC has to say.

"
Relationship between a parent and a dependent child
A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

• was born to the parent making the application
• is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
• was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there is no genetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked."

If the child doesn't fall into the above category, then as long as the adoption is legal where it took place, then you are good to go.

This is very insightful...

 

[IrieLady]

Hi



1. You can approach this two ways. Both should have a positive outcome, just ensure that give IRCC all the facts. Here is what CIC has to say.

"
Relationship between a parent and a dependent child
A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

• was born to the parent making the application
• is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
• was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there is no genetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked."

If the child doesn't fall into the above category, then as long as the adoption is legal where it took place, then you are good to go.

Thank you for your very detailed response. I truly appreciate it. However, I was unable to find the definition of a dependent child in the link provided. Please exactly where I could read it. thank you!!!!!

 

[Kauthf]

Hi



1. You can approach this two ways. Both should have a positive outcome, just ensure that give IRCC all the facts. Here is what CIC has to say.

"
Relationship between a parent and a dependent child
A dependent child is either a biological child or an adopted child of a parent [R2(a)]. The term “biological child” has been interpreted to include children in any one of the following situations:

• was born to the parent making the application
• is not genetically related to the parent making the application, but was born to the person who, at the time of the birth of the child, was that parent's spouse, common-law partner or conjugal partner
• was born through the application of assisted human reproduction technologies

Acceptable proof of a biological relationship between a child and a parent is a birth certificate or baptismal certificate.

The section R2 definition allows for a child born through assisted human reproduction technologies, such as in vitro fertilization, to be recognized as a dependent child, provided the female spouse or partner gave birth to the child and that it is consistent with Canadian family law, under which the spouse or common-law partner of the birth parent is usually presumed to be the other legal parent even if there is no genetic relationship to the child.

In these cases, documents suitable for establishing parent-child relationships are birth certificates or other documents, as well as authorized evidence indicating that the person claiming to be the parent is the birth mother or the spouse or common-law partner of the birth mother at the time of birth. Evidence must also indicate that the parents availed themselves of assisted human reproduction technologies.

If the child was born from a surrogacy arrangement in a foreign country and is legally the child of the sponsor or their spouse or partner in that jurisdiction, the child may be a “biological child” if there is also a genetic parent-child relationship. If there is no genetic or gestational link to the sponsor or their spouse or partner, the child is not a biological child. The officer may consider granting permanent residence on humanitarian and compassionate grounds, but caution should be used to mitigate the risk that the child was purchased or trafficked."

If the child doesn't fall into the above category, then as long as the adoption is legal where it took place, then you are good to go.

Hi,
I have almost the same question. I have applied for sponsorship under adopted child and later realized that we were eligible to apply for dependent child. Now usually the dependent child application is 10 months according to the website while the adopted child is 47 months. I was wondering if it’s ever possible for the office to process the application as a dependent child rather than an adopted one. It’d be very helpful ti know what irielady ended doing and the results.