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|Progress diagram of an international adoption project|
Your child has arrived in your family. All is fine. Yet, your adoptionproject is not completed. You have to finalize the legal steps that will make your child a Canadian citizen legally adopted.
Important Note: The "Record of Landing (IMM-1000)" that the child as obtain at his arrival in Québec is valid for one year. This document is necessary to complete the steps of this page (10 to 12). You have advantage, to avoid useless harassment, to start the procedures as soon as you get over the emotion of the child's arrival. Even if you don't like it, do it right away.
Thus, you must make the adoption official before Québec's Court. In fact, an adoption completed in a foreign country, whatever the country, has no effect in Québec unless it is recognize by a Québec court.
So, if a judgment as been pronounced in the country you chose, you must obtain a judgment recognition. If there was no judgment abroad, then you must obtain an order of placement (below) Those two possibilities depends on the country. You can find what happens in different countries in a table of the psychosocial assessment page of this site.
If you have proceeded in all legality, the Court judgment that you have in your hands is perfectly legal in the birth country of your child. However, you absolutely must get its validity "recognized" in Québec.
To achieve that, you must present a "Motion for recognition of an adoption judgment delivered outside Québec". This motion is a document that you present to the Court of Québec - Youth Division so that the Court ratifys tha adotpion of your child.
Of course, you can ask for the help of a lawyer or notary to prepare your motion for you; note however that nobody else than these professionals can do it in your place without being prosecuted for illegal practice of the profession of lawyer or notary. But you can legally prepare the motion yourself, it is not extremely complicated. By the way, le Secrétariat à l'adoption internationale du Québec (SAI) can provide to you a typical model of the motion 2. Note however that the SAI never gives leagl advices or help.
There is also models of motion with which you can demand, at the same time, a modification of the leagl age of the child. In fact, sometimes the birth certificate of the child is erroneous. You then submit a request to the Court so that the Québec birth certificat indicate an other age, which is establish by a doctor in a written report, depending on his assessment of the development of the child. By the way, you can change the names of the child in the motion for recognition of judgment.
|Documents annexed to a typical motion|
originals or certified copies
Yes, it is tedious but, if are systematic, you will get through, like the rest of the adoption process. Afterwards, well, you wait for your audition before the Court where you will present your motion. This is the step 11 below in this page.
In the cases where adoption is done abroad an other way than with a judgment of adoption (administrative process, by notary, etc.) or else if the country requires so, you must proceed with a motion for Order of placement.
As if you adopt a child in Québec, you ask the Court of Québec - Youth Division to "place" the child under your custody and, six months later you submit a motion for judgment of adoption. So there is two steps to accomplish in the case of an Order of placement.
The procedures and documents required are essentially the same as in the case of the recognition of judment. By the way, you can change the names of the child in the motion for Order of placement. You can obtain models of the motion from the SAI 2.
Eventually, the day will come when you will present your motion to the Court of Québec - Youth Division. This is a nice day, even if you will be nervous and impressed by the decorum of the Court, except if you are used to it. Basically, the unfolding of the hearing of your motion consists of a verification by the Court of the different declaration of the motion and of the authenticity of the documents annexed.
The judge may then ask you some questions about your motion. It is better to have carefully read the motion to refresh your memory. He (She) may want for example to verify certain aspects of your psychosocial assessment, ascertain that it is in accordance with Québec laws requirements. He may ask you to tell about the main steps of your adoption in order to verify that you proceeded legally. He will verify the various documents annexed to the motion.
A representative of the Director of Youth Protection will probably be present to attest tha the process you followed in your adoption project seems in accordance with the law in his opinion. Finally, the judge will pronounced the judgment and, if all goes well, you will get out relieved, with the feeling that at last your child is really "yours".
According to the Canadian law, the adopted children do not automatically become Canadian citizens at their arrival in Canada. In order for a child, that has obtained his permanent residence status, to obtain his citizenship, you must make a request on his behalf.
|Required documents for the application for citizenship|
To obtain an application form, you can call a "telecenter" of Citizenship and Immigration Canada (CIC). A form will be posted to you (Montréal:
One of the parents, who must be Canadian citizen, can fill the application in the name of the child. You must fill out a form for each of your children and submit the documents mentioned in the opposite table.
For the citizenship to be approved, the child must be permanent resident of Canada but he does not have to be in Canada since three years as other immigrants. If the child has less than 18 years, you can present an application for citizenship in his name as soon as he obtains the permanent resident status. Lastly, the child is not subjected to a linguistic and knowledge test but he must make a citizenship oath if he has more than fourteen years old.
The cost of the file processing, for a child under eighteen, is 100 $, since their is no cost for the rigth to be citizen in the case of children. You can expect eight to twelve months for the processing of the application. An officer of the telecenter can tell you what will be the waiting period in your case.
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