Relative Adoption

[canuck78]

I'm going to assume that the adoption has been done according to the proper legal procedures (i.e. other parent accounted for, either by absence/death or having not objected to the adoption).

-The children are already PRs. They have already relocated. There is, therefore, no concern of adoption of convenience.
-There is a specific exception / reference to the case of a married couple, of whom one parent (the stepparent) adopts the children of the spouse.

So no: you're wrong. If everything is as described by the OP, there is no issue. It's a common procedure that is specifically recognized when a step-parent in a married couple adopts the spouse's children. There should be no concern that it's being done for improper purposes since the children have already become PRs.

WIth one valid caveat, that assuming this adoption procedure in Taiwan done according to law and acceptable to IRCC. I've no reason to believe otherwise, and neither do you.

Adoption is not always done because a parent is deceased or losing parental rights in other countries. The goal seems to be to secure citizenship through the parent right away and not wait 3 years so there is definitely a concern that the adoption is motivated by securing citizenship right away which would fall under adoption of convenience. We need more information about the biological mother.

 

[armoured]

Adoption is not always done because a parent is deceased or losing parental rights in other countries. The goal seems to be to secure citizenship through the parent right away and not wait 3 years so there is definitely a concern that the adoption is motivated by securing citizenship right away which would fall under adoption of convenience. We need more information about the biological mother.

Nope, sorry, just wrong.

 

[farewellw]

Yes, they should be able to, as long as they are minors (under 18).

You have two options:
-apply for your citizenship and for them at the same time (family app).
-you apply for, receive your citizenship, and then apply afterwards for grant of citizenship for the two children based on having a citizen-parent.

I think the only difference between these is preference and whether you have documents ready, etc., and if there is any chance the 'joint' application for citizenship would be slower (I've no idea about that).

I can say the process in the second case is relatively simple and should not be too long (once you receive your citizenship). Since for children there's hardly any case for urgency, again, comes down for preference. (Obviously one thing is whether having Taiwanese passport vs Canadian would be a serious travel constraint/force you to get visas and fill out more forms etc.)

In most simple terms: if adoption is not yet complete, and you're ready to apply for citizenship, I'd just do that, and apply for it for the children later.

But again - mostly a question of personal preference. Obviously might be nice to have them become citizens and even participate in ceremony with you, but no legal consequences of that.

Thank you so much. I'll do it, and keep you updated !

 

[canuck78]

Nope, sorry, just wrong.

If the mother is still alive even if Taiwan recognizes the adoption do you Canada is going to recognize the adoption? At the very least there will be an investigation if the biological mother has lost her parental rights in Taiwan and whether Canada feels that the loss of parental rights is reasonable based on Canadian law. If the biological mother is still alive the reasons behind the adoption and what the children would gain or lose out on if they were a stepchild and not adopt d by this woman would be considered. Whether the biological mother is alive is very important. One of the first things you need to provide proof of in an adoption of family members are the death certificates of parents or in this case parent. In cases where biological parents are still alive there has to be significantly more proof that an adoption is necessary. Loss of parental rights in Canada is really the last option and is taken very seriously.

 

[canuck78]

Thank you so much. I'll do it, and keep you updated !

Is the biological mother alive?

 

[farewellw]

If the mother is still alive even if Taiwan recognizes the adoption do you Canada is going to recognize the adoption? At the very least there will be an investigation if the biological mother has lost her parental rights in Taiwan and whether Canada feels that the loss of parental rights is reasonable based on Canadian law. If the biological mother is still alive the reasons behind the adoption and what the children would gain or lose out on if they were a stepchild and not adopt d by this woman would be considered. Whether the biological mother is alive is very important. One of the first things you need to provide proof of in an adoption of family members are the death certificates of parents or in this case parent. In cases where biological parents are still alive there has to be significantly more proof that an adoption is necessary. Loss of parental rights in Canada is really the last option and is taken very seriously.

Thank you for reply. Because the biological mother has agreed my adoption in court in Taiwan. She has a new family for many years....

 

[armoured]

If the mother is still alive even if Taiwan recognizes the adoption do you Canada is going to recognize the adoption? At the very least there will be an investigation if the biological mother has lost her parental rights in Taiwan and whether Canada feels that the loss of parental rights is reasonable based on Canadian law. If the biological mother is still alive the reasons behind the adoption and what the children would gain or lose out on if they were a stepchild and not adopt d by this woman would be considered. Whether the biological mother is alive is very important. One of the first things you need to provide proof of in an adoption of family members are the death certificates of parents or in this case parent. In cases where biological parents are still alive there has to be significantly more proof that an adoption is necessary. Loss of parental rights in Canada is really the last option and is taken very seriously.

Yep, you're still wrong. See below.

 

[farewellw]

Is the biological mother alive?

Yes. But she has agreed my adoption in the court in Taiwan.

 

[farewellw]

Thank you for reply. Because the biological mother has agreed my adoption in court in Taiwan. She has a new family for many years....

I think that I will still try to apply their citizenship with me, At worst, it might be rejected. They still keep their PR。

 

[armoured]

I think that I will still try to apply their citizenship with me, At worst, it might be rejected. They still keep their PR。

I just note, you must wait until the adoption is complete before applying if you go this way. Let others know how it works out.

 

[farewellw]

I just note, you must wait until the adoption is complete before applying if you go this way. Let others know how it works out.

Thanks for the note. I will . ：）

 

[Kushal_75]

I have adopted my niece and nephew in the philippines in 2019 through local adoption and it was finalized this year. i did not contact any local adoption agency here in canada

what are the steps for me do for immigration purposes.? they are already 17 abd 15.

Do i need to contact local adoption agency in canada first?

or can i just submit my application for sponsorship

Hi,
Are the children orphaned? Is Philippines a signatory of hague convention on intercountry adoption? Were you an habitual resident of Canada or Philippines when you did the adoption? Were you a citizen of Canada when you got adoption?
Depending on your answer to above you may or may not apply for direct grant of citizenship for adopted minors.
Issues which may arise is section 5.1(1) C.1 of the citizenship act whereby CIC will say you have circumvented the hague convention on international adoption.

Let us know what happened in your case.

Thanks,

Kushal

 

[transcript help for wes]

Hello,


Me and My wife are on workmpermit and we have applied pr which is still in progess and awaiting AOR for the application.

we are married since 9 years and we do not have kid and moreover we have gone through 3 misscarriage and IVF failures.
So finally we decided to adopt a child andi wanted to adopt my brothers child (6months old daughter).
They are ready to give us adoption.

now my questions
How i should proceed with the application.
To adopt her legally me and my wife has to go back to our home country and then adopt her .
After adoption can i update her documents in my PR application?
Someone told me to adopt a child you have to follow the procedure of canada province where i am residing now. How it goes?
Can i simply go and adopt according to my home country law and update her documents in application?

or should i wait to get PR first then go and adopt her.
I am not clear and not even getting clear answer from anywhere.
It is actually putting us in desperate condition.

can anybody help us to clear and guide in proper wat that what we should do?

i will be very thankful to you.

 

[YVR123]

Hello,


Me and My wife are on workmpermit and we have applied pr which is still in progess and awaiting AOR for the application.

we are married since 9 years and we do not have kid and moreover we have gone through 3 misscarriage and IVF failures.
So finally we decided to adopt a child andi wanted to adopt my brothers child (6months old daughter).
They are ready to give us adoption.

now my questions
How i should proceed with the application.
To adopt her legally me and my wife has to go back to our home country and then adopt her .
After adoption can i update her documents in my PR application?
Someone told me to adopt a child you have to follow the procedure of canada province where i am residing now. How it goes?
Can i simply go and adopt according to my home country law and update her documents in application?

or should i wait to get PR first then go and adopt her.
I am not clear and not even getting clear answer from anywhere.
It is actually putting us in desperate condition.

can anybody help us to clear and guide in proper wat that what we should do?

i will be very thankful to you.

First thing first, is your niece an orphan? Are your brother and the child's mother both deceased. If not, Canada do not accept adoption for the purpose of immigration.

And it will complicate your own PR application. International adoption is complicated and you likely need an immigration lawyer to handle this. Other ways may be to adopt locally after you get PR. Or adopt an orphan that's not related after.

 

[transcript help for wes]

First thing first, is your niece an orphan? Are your brother and the child's mother both deceased. If not, Canada do not accept adoption for the purpose of immigration.

And it will complicate your own PR application. International adoption is complicated and you likely need an immigration lawyer to handle this. Other ways may be to adopt locally after you get PR. Or adopt an orphan that's not related after.

They already have 2 kids and she is 3rd..but kid is not orphan..They are ready to give us custody on humanitarian grounds becuase we do not hv kid..
Thats like family adoption