Citizenship Act

Marginal note:Adoptees — minors

• 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption

  • (a) was in the best interests of the child;

  • (b) created a genuine relationship of parent and child;

  • (c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen;

  • (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and

  • (d) was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

• Marginal note:Adoptees — adults

  (2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if

  • (a) there was a genuine relationship of parent and child between the person and the adoptive parent before the person attained the age of 18 years and at the time of the adoption; and

  • (b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).

• Marginal note:Quebec adoptions

  (3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption, by a citizen who is subject to Quebec law governing adoptions, a decision was made abroad on or after January 1, 1947 — or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day — if

  • (a) the Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; and

  • (b) the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

• Marginal note:Not applicable — after first generation

  (4) No person who is adopted on or after the day on which An Act to amend the Citizenship Act (2025) comes into force may be granted citizenship under any of subsections (1) to (3)

  • (a) if

    • (i) at the time of the person’s adoption

      • (A) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of paragraphs 3(1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,

      • (B) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under paragraph 3(1)(f) and was born outside Canada to a parent who was a citizen at the time of the adoptive parent’s birth, or

      • (C) both of the person’s adoptive parents were citizens under any of paragraphs 3(1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of an adoptive parent who was a citizen under paragraph 3(1)(f), that adoptive parent was born to a parent who was a citizen at the time of the adoptive parent’s birth, and

    • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person's adoption; or

  • (b) if

    • (i) at any time, only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of the provisions referred to in clauses 3(3)(b)(i)(A) to (H) or both of the person’s adoptive parents were citizens under any of those provisions, and

    • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person's adoption.

• Marginal note:Exception — child or grandchild of person in service abroad

  (5) Subsection (4) does not apply to a person who was

  • (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

  • (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

  • (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• Marginal note:Death of parent

  (6) A person who would not be granted citizenship under any of subsections (1) to (3) for the sole reason that their adoptive parent or both their adoptive parent and their adoptive parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2025) may be granted citizenship under that subsection if that adoptive parent — or both that adoptive parent and that adoptive parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.