Citizenship Regulations

5.1 The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a minor child referred to in section 5 of the Regulations:

• (a) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (b) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption;

• (c) if the adoption occurred abroad and, at the time of the adoption, the minor child was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,

  • (i) whether the competent authorities responsible for international adoption in the child’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated in writing that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (d) in all other cases,

  • (i) whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the minor child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption.