Citizenship certificate for baby adopted in the US, living in the US, Canadian adoptive parents?

[shubhabala]

Hi!

I am reading two different answers about this question. I'm a Canadian citizen, born in Canada and lived there until I was 22. I now live in the US and adopted a baby who was born to US parents. Is he eligible for Canadian citizenship certificate (like even if we are not moving to Canada right now)?

Thanks!

 

[Domikys]

yes so far the adoption is legalized by the government.

 

[hawk39]

Hi!

I am reading two different answers about this question. I'm a Canadian citizen, born in Canada and lived there until I was 22. I now live in the US and adopted a baby who was born to US parents. Is he eligible for Canadian citizenship certificate (like even if we are not moving to Canada right now)?

Thanks!

Yes he is. Under 3(1)(c.1) of the current Citizenship Act, your adopted son is eligible for citizenship. However, even though it will be done as a grant (a.k.a. naturalization), he will not be able to pass it down to his children by descent if they are also born outside of Canada because of the first generation limit.

 

[canuck78]

Hi!

I am reading two different answers about this question. I'm a Canadian citizen, born in Canada and lived there until I was 22. I now live in the US and adopted a baby who was born to US parents. Is he eligible for Canadian citizenship certificate (like even if we are not moving to Canada right now)?

Thanks!

Assume the baby is not related to you.

 

[shubhabala]

Thank you! Follow-up question...
It seems there are two different applications, one for adopted children and one for biological children. For some reason, for adopted children it costs more and I have to do it in 2 parts.

The weird thing is, according to his birth certificate *we* are his parents - because the US does a super weird thing and reissues birth certificates after you adopt. So it *looks* as if we are his biological parents, but in fact he is adopted. Should we still do the adoptive parent process (which I imagine will take a really long time)?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0009-application-canadian-citizenship-person-adopted-canadian-citizen-part-1-confirmation-canadian-citizenship-adoptive-parents.html

 

[hawk39]

Thank you! Follow-up question...
It seems there are two different applications, one for adopted children and one for biological children. For some reason, for adopted children it costs more and I have to do it in 2 parts.

The weird thing is, according to his birth certificate *we* are his parents - because the US does a super weird thing and reissues birth certificates after you adopt. So it *looks* as if we are his biological parents, but in fact he is adopted. Should we still do the adoptive parent process (which I imagine will take a really long time)?

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0009-application-canadian-citizenship-person-adopted-canadian-citizen-part-1-confirmation-canadian-citizenship-adoptive-parents.html

Yes, that would be wise. If you try to apply for his citizenship under the descent process, you would be committing perjury. I do not want to speculate, but since you would be committing misrepresentation and if this discovered by the government, not only would you be penalized since you would be signing the application under penalty of perjury, but your son might have his citizenship revoked too. If you were to ask a lawyer about this, I would imagine he/she would tell you the same thing.

A couple of adoption websites online say that the birth certificate you receive after the adoption is an amended certificate with your name replacing the biological parents and the original birth certificate is sealed by the court to be never released, even to the adopted person, unless ordered by a court. So is there anything on the birth certificate that states that it is an amended certificate for the adoption?