DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

PLEASE NOTE: No current problems.

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 licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Canada and applying for an immigrant visa for the child to come to the United States. This process involves complex Canadian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Canada before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Consulate General in Montreal to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Canadian orphans adopted abroad - 1
IR-4 immigrant visas issued to Canadian orphans adopted in U.S. - 1
FY-1997: IR-3 visas - 0, IR-4 visas - 1
FY-1998: IR-3 visas - 0, IR-4 visas - 0
FY-1999: IR-3 visas - 0, IR-4 visas - 2
FY-2000: IR-3 visas - 1, IR-4 visas - 0

CANADA ADOPTION AUTHORITY: Each provincial government has a designated office responsible for adoptions in that province. See province profiles for the authority in specific provinces.

CANADA ADOPTION PROCEDURES: Each provincial government has specific procedures for adoptions. The procedures are slightly different from province to province. See province profiles for the procedures in specific provinces.

AGE AND CIVIL STATUS REQUIREMENTS: See province profiles for requirements in specific provinces.

ADOPTION AGENCIES AND ATTORNEYS: See province profiles for agencies in specific provinces.

DOCTORS: The U.S. Embassy and Consulates General maintain current lists of doctors and sources for medicines, should either you or your child experience health problems while in Canada.

DOCUMENTARY REQUIREMENTS: See province profiles for requirements in specific provinces.

U.S. IMMIGRATION REQUIREMENTS

A Canadian child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Consulates General in Montreal or Vancouver. American citizens who believe this category may apply to their adopted child should contact the U.S. Consulates General in Montreal or Vancouver for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;

The child must be under the age of 161 at the time an I-600 Petition is filed with the INS on his or her behalf;

A child adopted at age 16 or 17 will also qualify, provided he or she was adopted together with a natural sibling who was under age 16.

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov .

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Consulates General in Montreal or Vancouver2.

2 If a married couple is adopting the child and only one of the parents will travel to Canada, that parent must be an American citizen. REMEMBER both parents must still sign the original I-600.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. A consular officer performs this investigation at the time of the child's immigrant visa interview.

CANADIAN EMBASSY (and Consulates) IN THE UNITED STATES:

Embassy of Canada
501 Pennsylvania Avenue, NW
Washington, DC 20001
(202)-682-1740

Canada also has Consulates in Atlanta, Georgia; Boston, Massachusetts; Buffalo, New York; Chicago, Illinois; Dallas, Texas; Detroit, Michigan; Los Angeles, California; Miami, Florida; Minneapolis, Minnesota; New York, New York; San Francisco, California; San Jose, California; and Seattle, Washington.

U.S. EMBASSY and CONSULATES-GENERAL IN CANADA:

Street Address

U.S. Embassy
490 Sussex Drive
Ottawa, Ontario

Mailing Address

U.S. Embassy
P.O. Box 866
Station B
Ottawa, ON K1P 5T1
Canada

Consulate General Calgary
Suite 1050, 615 Macleod Trail, S.E.
Calgary, AL T2G 4T8
Canada

Consulate General Halifax
Suite 910, Cogswell Tower
Scotia Square
Halifax, NS B3J 3K1
Canada

Consulate General Montreal
455 Boulevard Rene Levesque, 19th Floor
P.O. Box 65, Station Desjardins
Montreal, QC h5B 1G1
Canada

Consulate General Quebec
2 Place Terrasse Dufferin
C.P. 939
Quebec City, QC G1R 4T9
Canada

Consulate General Toronto
360 University Avenue
Toronto, ON M5G 1S4
Canada

Consulate General Vancouver
1095 West Pender Street
Vancouver, BC V6E 2M6
Canada

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Canada may be addressed to the Consular Section of the U.S. Embassy or Consulates General in Canada. You may also contact the Office of Children's Issues, U.S. Department of State, Room L-127, SA-1 2401 E Street, NW, Washington, DC 20522, telephone (202) 736-7000 with specific questions. Information is also available 24 hours a day from several sources:

Telephone
Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, (202) 736-7000.

State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.

Immigration and Naturalization Service - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated Fax
Contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet
The Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

Other Information

Consular Information Sheets - Published by the State Department and available for every country in the world, providing information such as the location of the U.S. embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the Internet web site, as above.

© June 2001