Seeking Guidance on Adopting My Nephew from India to Canada

[Arsh4511]

Hi Everyone,

I am an Indian passport holder and have been a permanent resident of Canada since 2016, currently residing in Toronto.

I am looking to adopt my 6-year-old nephew (my sister’s son), who is in India. His mother went through a failed marriage and got divorced two years ago. Since then, my nephew has been living with my parents. His mother has since remarried and is living separately with her new husband and his family, without taking responsibility for her child.

I have a few questions regarding the adoption process and immigration:

1. Am I legally allowed to adopt my nephew under Indian and Canadian laws?

2. After adoption, can I sponsor him for immigration to Canada? I have heard that IRCC may view this as an adoption of convenience and I want to ensure everything is done correctly.

3. Are there any similar cases that I can refer to? If you know of any, please share insights on how they were handled.

I would really appreciate any guidance or experiences you can share.

Thanks in advance!

Best regards,
Arsh

 

[canuck78]

Hi Everyone,

I am an Indian passport holder and have been a permanent resident of Canada since 2016, currently residing in Toronto.

I am looking to adopt my 6-year-old nephew (my sister’s son), who is in India. His mother went through a failed marriage and got divorced two years ago. Since then, my nephew has been living with my parents. His mother has since remarried and is living separately with her new husband and his family, without taking responsibility for her child.

I have a few questions regarding the adoption process and immigration:

1. Am I legally allowed to adopt my nephew under Indian and Canadian laws?

2. After adoption, can I sponsor him for immigration to Canada? I have heard that IRCC may view this as an adoption of convenience and I want to ensure everything is done correctly.

3. Are there any similar cases that I can refer to? If you know of any, please share insights on how they were handled.

I would really appreciate any guidance or experiences you can share.

Thanks in advance!

Best regards,
Arsh

This would be likely viewed as an adoption of convenience and wouldn’t be eligible for sponsorship. Would suggest speaking to a Canadian immigration lawyer for clarification.