Adopting Brother's child

[igocrazyhere]

Hi,

My brother is expecting his second child in October 2018. we are looking to legally adopt the child and bring him\her with us to canada.
We are currently OCI and do not reside in india. we also have an approved homestudy and everything else since we were planning to adopt an orphan. What is the process for this kind of intercountry adoption?
Reason for adoption - they dont want second kid

thanks

 

[canuck_in_uk]

Hi,

My brother is expecting his second child in October 2018. we are looking to legally adopt the child and bring him\her with us to canada.
We are currently OCI and do not reside in india. we also have an approved homestudy and everything else since we were planning to adopt an orphan. What is the process for this kind of intercountry adoption?
Reason for adoption - they dont want second kid

thanks

Hi

This will be likely be classed as an Adoption of Convenience and you will not be able to bring the child.

 

[igocrazyhere]

Hi

This will be likely be classed as an Adoption of Convenience and you will not be able to bring the child.

We'll be completing the adoption process legally (through Indian court) in India. Would that make a difference?

 

[scylla]

We'll be completing the adoption process legally (through Indian court) in India. Would that make a difference?

No. Child isn't an orphan. CIC will almost certainly view it as an adoption of convenience.

It would be different if both parents were deceased.

 

[igocrazyhere]

No. Child isn't an orphan. CIC will almost certainly view it as an adoption of convenience.

It would be different if both parents were deceased.

So CIC only allows adoption of orphaned relatives?

 

[Buletruck]

IRCC doesn’t have any say in who you adopt, only the immigration aspect. As the parents are alive, IRCC will see the adoption as a means to circumvent existing programs for immigration for the child.

 

[igocrazyhere]

IRCC doesn’t have any say in who you adopt, only the immigration aspect. As the parents are alive, IRCC will see the adoption as a means to circumvent existing programs for immigration for the child.

so could this likely result in rejecting the sponsorship application of the adopted child?

 

[Rob_TO]

So CIC only allows adoption of orphaned relatives?

IRCC will think you are adopting the child solely for the purpose of getting them PR status to Canada.

 

[igocrazyhere]

IRCC will think you are adopting the child solely for the purpose of getting them PR status to Canada.

even if it legally consented by the biological parents? And we obtain no-objection certificates and all the required paperwork from the birth parents..

 

[Buletruck]

Yes. Even if the adoption is legal in India.

 

[Rob_TO]

even if it legally consented by the biological parents? And we obtain no-objection certificates and all the required paperwork from the birth parents..

Again, IRCC may think the parents are just consenting to get the child PR status (adoption of convenience).

I would talk to a lawyer experienced with PR apps for adoption of non-orphaned relatives, as this is a very difficult process to prove legitimacy.

 

[viralsagar20]

Hi,

My brother is expecting his second child in October 2018. we are looking to legally adopt the child and bring him\her with us to canada.
We are currently OCI and do not reside in india. we also have an approved homestudy and everything else since we were planning to adopt an orphan. What is the process for this kind of intercountry adoption?
Reason for adoption - they dont want second kid

thanks

I am same boat.. please could throw some light?

 

[Naturgrl]

I am same boat.. please could throw some light?

Is your sibling and partner alive? If so, under IRCC rules it is considered an adoption of convenience. You may be able to legally adopt the child in country of birth but doesn’t mean that child can come to Canada. You can be the legal parents in country of birth and support child from that country.

 

[viralsagar20]

Is your sibling and partner alive? If so, under IRCC rules it is considered an adoption of convenience. You may be able to legally adopt the child in country of birth but doesn’t mean that child can come to Canada. You can be the legal parents in country of birth and support child from that country.

I dont have any sibling. We are planning to adopt my wife's real brother daughter as her mom left her.. and father is not able to take care of her financially..

 

[YVR123]

I dont have any sibling. We are planning to adopt my wife's real brother daughter as her mom left her.. and father is not able to take care of her financially..

her parents are alive. So this adoption is for immigration and IRCC will not allow sponsorship of her. (an adoption of convenience)
You can support her financially.