should I get my wife to legally adopt my son?

[myy4]

I would like to get some advice from here as I am confused what I should do regarding on the application for my son's Canadian citizenship. I have become a PR back in 2008 but my citizenship application was declined due to lack of days on physical presence in 2016. Anyway, My wife is a Canadian and our first child was born in Canada, so she has no problem getting her Canadian citizenship. However, we relocated to Hong Kong and our son was born in Hong Kong.

( I am the birth mother and I am only a permanent resident in Canada.)

Since we are homosexual, our relationship isn't legally recognized there. As a result, there's no way my son can obtain his Canadian citizenship directly.

NOTE: My wife and I married each other in 2016 in Canada.

So, now the question is:
(1)what's the most effective way for my son to get his Canadian citizenship?
(2)does my wife have to legally adopt our son in order to proceed with his Canadian citizenship application?

thanks for your comments.

 

[Wakki]

I would like to get some advice from here as I am confused what I should do regarding on the application for my son's Canadian citizenship. I have become a PR back in 2008 but my citizenship application was declined due to lack of days on physical presence in 2016. Anyway, My wife is a Canadian and our first child was born in Canada, so she has no problem getting her Canadian citizenship. However, we relocated to Hong Kong and our son was born in Hong Kong.

( I am the birth mother and I am only a permanent resident in Canada.)

Since we are homosexual, our relationship isn't legally recognized there. As a result, there's no way my son can obtain his Canadian citizenship directly.

NOTE: My wife and I married each other in 2016 in Canada.

So, now the question is:
(1)what's the most effective way for my son to get his Canadian citizenship?
(2)does my wife have to legally adopt our son in order to proceed with his Canadian citizenship application?

thanks for your comments.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/identity/who-parent-purposes-where-assisted-human-reproduction-including-surrogacy-arrangements-involved.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/improvements/act-changes-2009-2015/adoption.html

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/improvements/act-changes-2009-2015.html

 

[jptskt]

I would like to get some advice from here as I am confused what I should do regarding on the application for my son's Canadian citizenship. I have become a PR back in 2008 but my citizenship application was declined due to lack of days on physical presence in 2016. Anyway, My wife is a Canadian and our first child was born in Canada, so she has no problem getting her Canadian citizenship. However, we relocated to Hong Kong and our son was born in Hong Kong.

( I am the birth mother and I am only a permanent resident in Canada.)

Since we are homosexual, our relationship isn't legally recognized there. As a result, there's no way my son can obtain his Canadian citizenship directly.

NOTE: My wife and I married each other in 2016 in Canada.

So, now the question is:
(1)what's the most effective way for my son to get his Canadian citizenship?
(2)does my wife have to legally adopt our son in order to proceed with his Canadian citizenship application?

thanks for your comments.

Your post reminded me of this case from earlier this year about an Israeli and an American same sex couple suing the US govt because only the American's biological child was granted American citizenship and the Israeli's biological child was denied one even though the two children are fraternal twins. The twins were born in Canada so the Israeli's biological child couldn't get US citizenship by means of being born in the US.

I am not familiar with Canadian laws in this matter. However, I do feel that you have nothing to lose and everything to gain with your Canadian wife adopting your son.

 

[canuck78]

Would think you would be looking at adoption or establishing parental rights no matter what for both your children irregardless of citizenship issues given that it seems you were married after the birth of your children.

 

[canuck_in_uk]

I would like to get some advice from here as I am confused what I should do regarding on the application for my son's Canadian citizenship. I have become a PR back in 2008 but my citizenship application was declined due to lack of days on physical presence in 2016. Anyway, My wife is a Canadian and our first child was born in Canada, so she has no problem getting her Canadian citizenship. However, we relocated to Hong Kong and our son was born in Hong Kong.

( I am the birth mother and I am only a permanent resident in Canada.)

Since we are homosexual, our relationship isn't legally recognized there. As a result, there's no way my son can obtain his Canadian citizenship directly.

NOTE: My wife and I married each other in 2016 in Canada.

So, now the question is:
(1)what's the most effective way for my son to get his Canadian citizenship?
(2)does my wife have to legally adopt our son in order to proceed with his Canadian citizenship application?

thanks for your comments.

Are you planning to move to Canada anytime soon?

In order for an adoption to be recognized by IRCC, it has to be legal in both Canada and the country where the adoption occurred. Is your wife able to legally adopt the child in Hong Kong?

 

[myy4]

Are you planning to move to Canada anytime soon?

In order for an adoption to be recognized by IRCC, it has to be legal in both Canada and the country where the adoption occurred. Is your wife able to legally adopt the child in Hong Kong?

No, I called the local authority and was told that we wouldn't be able to do so because same sex marriage isn't legalized in here. That's why I have quite a struggle here because we won't be able to move back to Canada until next summer, but I really wanna get my son his Canadian PR/citizenship.

 

[myy4]

Your post reminded me of this case from earlier this year about an Israeli and an American same sex couple suing the US govt because only the American's biological child was granted American citizenship and the Israeli's biological child was denied one even though the two children are fraternal twins. The twins were born in Canada so the Israeli's biological child couldn't get US citizenship by means of being born in the US.

I am not familiar with Canadian laws in this matter. However, I do feel that you have nothing to lose and everything to gain with your Canadian wife adopting your son.

I read about that article too and can relate to it somehow. I really would like my wife to adopt our son in Canada, but it seems like a big challenge when we aren't in Canada.