What exactly happen if a couple with a girl child after getting COPR; will adopt their nephew on humanitarian ground (biological father is physically disable). How the Immigration officer may look at the case? Weather it may hamper their PR status ? Please guide.
Adoption after COPR and before landing in the Canada
- Thread starter nanikissrani
- Start date
What is the status of the mother?
Has the child been living with you exclusively for some time and not with the father?
Fortunately we are living in a joint family and I am looking for my brother and his family including 2 kids. Both of them are totally attached with me, more the elder one to whom I am going to adopt.
If the legal adoption process completed before landing, your current COPR is invalid. Your family changed and you need to add the new member in your application before landing.
That new member will need to pass medical, police and background check and new COPR will be provided to land with all family members. Otherwise, this new child would be excluded forever from your family and you can never sponsor him/her.
But this adoption may not be recognized by IRCC/Canada since a biological parent is still alive.
Best to consult a lawyer that's familiar with international adoption and immigration.
Noted with thanks. But what if the final court order of adoption comes after we land? (process already started in home country). Is it mandatory to inform IRCC regarding the process even ? Please suggest.
I'm not sure this is going to work out in that case. IRCC will likely view this as an adoption of convenience given the child is still living with both parents now.
There is no point informing IRCC until the process is completed. There is a very good chance you will not be able to bring the child to Canada as a PR, even after adoption. Please be prepared for that possibility.
If you adopt before landing and don’t declare the child that would be misrepresentation and you’d never be able to sponsor the child. This is a textbook case of adoption of convenience so the chances of the child being able to accompany you to Canada are minimal. Would suggest consulting a Canadian immigration lawyer before adopting the child. If/when this is deemed an adoption of convenience he will then be without legal parents/guardians in his home country when you leave if/when he can’t come to Canada. That would complicate his life even more and potentially cause more tensions in your family.
IMO you're in a bit of a rock and a hard place. As you haven't landed, seems to me you would need to include the adoption information in your current application. If you don't, you risk either misrepresentation for yourself or potentially having the child excluded from any future sponsorship if you don't. But that's just an opinion. Best consult a good immigration lawyer in Canada.
Would add if this was a genuine longterm parental relationship parents would not immigrate abroad without their child while also leaving the child with the biological parents. The adoption process seems to coincide with the immigration application not before. There is also a biological sibling that is left behind showing that there is a genuine parental relationship between the children and biological parents. If that was not the case both children would need to be adopted or have formal guardianship with other family members. This case is the definition of adoption by convenience and although common in some countries it is not recognized by IRCC.
Thank you for your deep insights. While I can interpret easily your all inputs from the beginning, will you be able to clarify that how it will be adoption for convenience if there is long term parental relationshilp?
Also is it not possible for parents to travel without their dependent child after COPR ?