INTERCOUNTRY ADOPTION


CANADA


November 2006

DISCLAIMER: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.

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.


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 12 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 Development Canada
Inter-country Adoption Services Unit
Child, Family and Community Division
Tel.: (819) 997-1562
Fax: (819) 953-1115
http://www.cic.gc.ca/english/sponsor/adopt-3.html


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 may view a listing of attorneys prepared by the U.S. Embassy and Consulates in Canada . These lists are available at the private commercial web page http://www.amcits.com/.

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 office of the appropriate state government agency in the U.S. state where the agency is located or licensed. 

Please see Important Notice Regarding Adoption Agents and Facilitators at our Web site travel.state.gov.


ADOPTION FEES IN CANADA: 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:   The language describing the process of authenticating U.S. documents to be used abroad is currently under review.  Please click on the following link for more information until the new language is finalized: http://www.state.gov/m/a/auth/.


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:  Prospective adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.  The USCIS publication is available at the USCIS web site. The Department of State publication International Adoptions can be found on the bureau of consular affairs web site, travel.state.gov, under “Intercountry Adoption.”

Before completing an adoption abroad, prospective adoptive parents are strongly encouraged to read the requirements for filing Form I-600, Petition to Classify Orphan as an Immediate Relative.  Please see the flyer“How Can Adopted Children Come to the United States” at the U.S. Department of State, Bureau of Consular Affairs web site travel.state.gov.


U.S. EMBASSY AND CONSULATES 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, https://travelregistration.state.gov/, 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 Sections are 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 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. 

Prospective adoptive parents should contact the U.S. Consulate General in Montreal as early as possible when they choose to pursue intercountry adoption.  

PLEASE NOTE: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.


ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new language is finalized, please click on the following link for further information: http://travel.state.gov/family/adoption/info/info_457.html.


ADDITIONAL INFORMATION: Specific questions about adoption in Canada may be addressed to the U.S. Consulate General in Montreal or the U.S. Embassy in Ottawa.  General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747.

Useful information is also available from several other sources:

Telephone:
• Toll Free - For information on intercountry adoption and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard 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 by calling 1-202-501-4444.
• U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
• U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet :
• Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains intercountry adoption information flyers like this one and the International Adoptions brochure.
• 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: http://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 by calling 1-202-501-4444.
• USCIS web site - http://uscis.gov/.