Citizenship by adoption — s 5.1
Overview
Section 5.1 of the Citizenship Act allows a Canadian citizen to apply for citizenship to be granted directly to a child they have adopted internationally — without the child first needing to become a permanent resident. The child must be under 18 at the time of application, the adoption must be genuine, it must be in the best interests of the child, and it must not have been entered into primarily for immigration purposes. This pathway is distinct from the PR sponsorship pathway (where the adopted child first becomes a PR and then applies for citizenship separately).
Section 5.1 was introduced to reduce barriers for international adoptions by Canadian citizens. Prior to s 5.1, internationally adopted children had to go through the immigration sponsorship process to become PRs and then apply separately for citizenship. The s 5.1 direct grant streamlines this where the adopting parent is a Canadian citizen.
Legal basis
- Citizenship Act s 5.1(1) — a citizen may make an application to the Minister for a grant of citizenship for a minor child in connection with the child's adoption by the citizen
- Citizenship Act s 5.1(3) — requirements: the adoption (a) is in the best interests of the child; (b) creates a genuine parent-child relationship; (c) complies with the laws of the place of adoption and the laws of the province of destination; (d) was not entered into primarily for immigration purposes; and (e) the child will be a permanent resident after the adoption if the grant of citizenship is not made under this section
How it works
Requirements
- Citizen parent: the adopting parent must be a Canadian citizen (not just a PR)
- Minor child: the child must be under 18 at the time of the application
- Genuine adoption: the adoption must create a genuine parent-child relationship
- Best interests of the child: the adoption must be in the child's best interests
- Legal compliance: the adoption must comply with the laws of both the country/province where the adoption takes place and the Canadian province of destination
- Not primarily for immigration: the adoption must not have been arranged primarily to obtain immigration status for the child
Direct citizenship vs. PR sponsorship
Section 5.1 direct citizenship: the adopting parent (a Canadian citizen) applies for citizenship to be granted to the child directly. The child receives a citizenship certificate and does not need to first obtain PR status. This is faster and simpler where the adopting parent is a citizen.
PR sponsorship: an adopting parent who is a permanent resident (not a citizen) cannot use s 5.1 and must instead sponsor the adopted child for PR under the family class. The child then becomes a PR and may later apply for citizenship separately under s 5.
Hague Convention adoptions
Canada is a party to the Hague Convention on Intercountry Adoption (1993). Adoptions from Hague Convention countries must comply with the Convention requirements. IRCC works with the relevant provincial adoption authorities (who are responsible for regulating adoption in each province) to ensure compliance.