INTERCOUNTRY ADOPTION


CANADA



April 2008

DISCLAIMER: The following is intended as a general guide to assist U.S. citizens who plan to adopt a child from a foreign country.  Three sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the eligibility of individual children for adoption, as well as the adoption of children in that country in general; 2) the laws of the adoptive parents’ state of residence establish qualifications they must meet in order to adopt; and 3) U.S. immigration law governs the immigration of the child to the United States.  In addition, the Hague Convention on Intercountry Adoption, to which the United States became a party on April 1, 2008, establishes legal and regulatory requirements for intercountry adoption. 

The adoption of children from countries that are party to the Hague Convention must follow the procedures outlined by the Convention, and its U.S. implementing legislation, the Intercountry Adoption Act of 2000 (IAA).  More information on the IAA and the Convention can be found on our website under Hague Adoption Convention. 

 The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding.  It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only.  Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time.  This flyer reflects our current understanding of the law as of this date and is not legally authoritative.  Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.


THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION:

Canada is a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and with which the Convention is in force for the United States. 


TRANSITION CASES:   Under U.S. law, an adoption case involving a Convention country already in process on April 1, 2008 when the Convention entered into force with respect to the U.S. did not/not change into a Hague case on that date. These transition cases will continue to be processed in accordance with the immigration regulations for orphan adoptions which were in effect at the time the case was filed, explained in the State Department Flyer “How Can Adopted Children Come to the United States”.

If the Application for Advance Processing of an Orphan Petition (I-600A) or Petition to Classify an Orphan as an Immediate Relative (I-600) was filed before April 1, 2008, then the Convention and the IAA will not apply to that case.  The Department of Homeland Security’s U.S. Citizenship and Immigration Service (USCIS) considers a case properly filed when USCIS receives an application or petition along with any required filing fee.  The filing date is stamped on the application or petition to show the time and date of actual receipt.   For further information on transition cases, please see the FAQs: Transition Cases and the Hague Adoption Convention . 


 PLEASE NOTE:  The U.S. Embassy and Consulates in Canada have limited information on adoption services in Canada.  Americans who are interested in adopting in Canada should direct inquiries to the appropriate Canadian Federal/Provincial government office, and/or utilize the services of an attorney who can provide more specific information on practices and procedures for adoptions in Canada.


PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: the U.S. Embassy in Montreal has issued approximately 13 immigrant visas to Canadian orphans during the past five fiscal years.


ADOPTION AUTHORITY IN CANADA:  In Canada, the various provinces are responsible for setting and administering adoption policies and procedures.  The following Canadian Government office and website provide contact information for federal and provincial adoption authorities, who can provide specific information on adoption in Canada:

Government of Canada
Human Resources and Social Development Canada
Intercountry Adoption Services
Income Security and Social Development
Tel: (613) 954-0880
Fax: (613) 948-7537
http: www.cic.gc.ca/english/immigrate/adoption/authorities.asp.

This link lists the provincial adoption agencies of Canada:
http://www.cic.gc.ca/english/information/applications/guides/5196EA.asp


ELIGIBILITY AND RESIDENCY REQUIREMENTS FOR ADOPTIVE PARENTS:  Eligibility and residence requirements vary by province.  In general, non-residents of Canada cannot adopt children for emigration from Canada.  There are some very limited exceptions, usually involving relatives of the children.  Most recent cases have been initiated by provincial child welfare agencies.


TIME FRAME: Varies greatly by case and province.


ADOPTION AGENCIES AND ATTORNEYS:  Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services.  For U.S.-based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing authority in the U.S. state where the agency is located or licensed.  Please also see Important Notice Regarding Adoption Agents and Facilitators at the Department of State, Bureau of Consular Affairs web site travel.state.gov.

Because Canada is a Convention country, adoption services must be provided by an accredited agency, temporarily accredited agency, approved person, supervised provider, or exempted provider. These terms are defined in 22 CFR Part 96 and explained in the Department’s website brochure “A Guide for Prospective Adoptive Parents.”  For purposes of this document, accredited agencies, temporarily accredited agencies, and approved persons are referred to with the shorthand term “accredited adoption service providers.”

It is essential that prospective adoptive parent(s) seeking to adopt from a Convention country use an accredited adoption service provider.  The Department maintains a current list of accredited adoption service providers.  The list of accredited adoption service providers is also provided on the website of the Hague Permanent Bureau at www.hcch.net.The Canadian Bar Association, and the Provincial Bars can be contacted at http://www.cba.org/CBA/Info/Main/Contact.aspx


ADOPTION FEES IN CANADA: The U.S. Embassy in Canada discourages the payment of any fees that are not properly receipted, “donations,” or “expediting” fees, that may be requested from prospective adoptive parents.  Such fees have the appearance of “buying” a baby and put all future adoptions in Canada at risk.

Adoption procedures, and any associated fees, are determined by the individual Canadian provinces.  Prospective adoptive parents should contact the relevant provincial authority for information on local adoption procedures and fees.


ADOPTION PROCEDURES: Adoption procedures are determined by the individual Canadian provinces.  Prospective adoptive parents should contact the relevant provincial authority for information on local adoption procedures.


DOCUMENTS REQUIRED FOR ADOPTION IN CANADA:   There is no standard list of required documents.  Private intercountry adoptions are rare.  Other cases for adoption and emigration to the United States are generally coordinated by provincial child welfare authorities.  Prospective adoptive parents should follow the guidelines the provincial child welfare authorities set for each case.


AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD:  For more information on authenticating U.S. documents to be used abroad, please see the Judicial Assistance section of our website.


EMBASSY AND CONSULATES OF CANADA IN THE UNITED STATES:

Canadian Embassy
501 Pennsylvania Ave., NW
Washington, DC 20001
202-682-1740; Fax: 202-682-7701

Canada also has consulates in: Atlanta, Boston, Buffalo, Chicago, Dallas, Denver, Detroit, Houston, Los Angeles, Miami, Minneapolis, New York, Raleigh, San Diego, San Francisco, and Seattle.


U.S. IMMIGRATION REQUIREMENTS:  As of April 1, 2008, U.S. citizens wishing to adopt in a Convention country must begin the process by filing with the U.S. Citizenship and Immigration Services (USCIS) a form I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country.  Prospective adoptive parents are strongly encouraged to consult the Department of Homeland Security, USCIS website (www.uscis.gov) to download forms and filing instructions.


U.S. EMBASSY IN CANADA:  Americans living or traveling abroad are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department’s travel registration website, and to obtain updated information on travel and security within the country of travel.  Americans without Internet access may register directly with the nearest U.S. Embassy or Consulate.  By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.  The Consular Section is located at:

CALGARY:
U.S. Consulate General
Suite 1050
615 MacLeod Trail, S.E.
Calgary, Alberta, Canada T2G 4T8
(403) 266-8962

HALIFAX:
U.S. Consulate General
1969 Upper Water Street
Suite 904, Purdy's Wharf Tower II
Halifax, Nova Scotia, Canada B3J 3R7
(902) 429-2480

MONTREAL:
U.S. Consulate General
1155 St. Alexander Street
Montreal, Quebec, Canada H5B 1G1
(514) 398-9695

OTTAWA:
U.S. Embassy Consular Section
490 Sussex Drive
Ottawa, Ontario, Canada K1N 1G8
(613) 238-5335

QUEBEC CITY:
U.S. Consulate General
2 Place Terrasse Dufferin
Quebec, Canada G1R 4N5 -or-
C.P. 939, Quebec, Canada G1R 4T9
(418) 692-2095

TORONTO:
U.S. Consulate General
360 University Avenue
Toronto, Ontario, Canada M5G 1S4
(416) 595-1700

VANCOUVER:
U.S. Consulate General
1095 West Pender Street
Vancouver, BC, Canada V6E 2M6
(604) 685-4311


APPLYING FOR A VISA AT THE U.S. EMBASSY IN CANADA:  All U.S. immigrant visas are processed at the U.S. Consulate General in Montreal.

1155 rue St.-Alexandre
Montreal, Quebec H3B 3Z1
Canada
(514) 398-9695

Prospective adoptive parents must file the I-600 petition with the Department of Homeland Security (DHS) at the appropriate USCIS field office in the United States.  DHS/USCIS will adjudicate and then forward approved petitions to the National Visa Center who will assign a case number and then forward the file to the U.S. Consulate General in Montreal.  The U.S. Consulate General in Montreal will contact the prospective adopting parent(s) with information regarding the rest of the visa process. The U.S. Consulate General in Montreal requires adoptive parents to make an appointment for the immigrant visa interview.  The US Consulate General, upon review of the complete file, will schedule a formal interview.

Prospective adoptive parents should contact the U.S. Consulate General in Montreal as early as possible when they choose to pursue intercountry adoption by email at: Montreal-IV-DV@state.gov and add under the subject line “ATTN: Adoption Case.”

NOTE: Visa issuance after the final interview now generally takes at least 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.  Adoptive parents should verify current processing times at the appropriate consulate or embassy before making final travel arrangements.


ACQUIRING U.S. CITIZENSHIP:  Please see the Child Citizenship Act of 2000 for further information on acquisition of U.S. citizenship for adopted children.


ADDITIONAL INFORMATION:

  • U.S. Department of State Office of Overseas Citizens Services - For information on intercountry adoption and international parental child abduction, and security information for U.S. citizens traveling abroad, call Toll Free 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. EST/EDT, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
  • U.S. Department of State Visa Office - For information on immigrant visas for adopted orphans, call (202) 663-1225. Press 1 for additional information on visas, and press 0 to speak to a Visa Information Officer, available 8:30 a.m.  - 5:00 p.m. EST/EDT, Monday through Friday (except Wednesdays 11 a.m. - 12:00 noon)
  • U.S. Citizenship and Immigration Services (USCIS) - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
  • National Visa Center (NVC) Public Inquiries (603) 334-0700, Email: nvcinquiry@state.gov.
  • Country Specific Information - The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at travel.state.gov or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours.
  • USCIS web site