The Civil Code of Québec states that adoption arrangements are made by a certified body. To bypass that rule, the criteria and conditions set forth in the Order respecting the adoption without a certified body of a child domiciled outside Québec by a person domiciled in Québec must be met.

In the case of an adoption without a certified body, the first step is to contact the Secrétariat à l'adoption internationale and present the proposed adoption to it. The Secrétariat then verifies whether the adoption is admissible.

The adoption process differs depending on whether the child's country of origin is a signatory to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. The differences concern the authorizations required during the adoption process and the procedure to be followed after the child's arrival in Québec.

Step 1: Preparing the proposed adoption

The Secrétariat à l’adoption internationale (SAI) acts on behalf of the Minister of Health and Social Services in all adoptions of children domiciled outside Québec. Its primary mandate is to counsel any individual who wishes to adopt a child from another country. The SAI provides information on international adoption, the conditions and criteria of countries of origin as well as on the procedure to follow. The SAI also makes recommendations to the Minister with respect to the certification of bodies  that carry out adoption procedures for adoptive parents.

Any individual who wishes to adopt a child domiciled outside Québec is invited to contact the certified bodies. Some bodies offer information sessions and/or consulting services in preparation for adoption.

The adoptive parent must first ensure that he or she meets Québec’s adoption criteria and choose the country he or she wishes to adopt a child from, taking into consideration the country of origin’s requirements (e.g., minimum age, civil or marital status, family situation). It is also during this step that the adoptive parent chooses the certified body that will carry out the adoption procedures.

Step 2: Signing a contract with the certified body

A contract must be signed between the adoptive parent and the certified body before the latter can proceed with the adoption procedures. The contract must include a description of the services offered to the adoptive parent by the body and a breakdown of the estimated adoption costs.

Step 3: Opening an adoption file with the Secrétariat à l'adoption internationale

The body asks the adoptive parent to fill out the form entitled Adoption file request form, which is then sent to the SAI along with the required documents. The SAI verifies whether Québec’s requirements have been met, specifically in regard to the adoptive parent’s age and residence. The SAI then sends a letter to the adoptive parent confirming that an adoption file has been opened in his or her name with the SAI. This letter is a prerequisite for the next step.

Step 4: Psychosocial assessment

The psychosocial assessment concerns the adoptive parent’s ability to meet the physical, psychological and social needs of a child adopted from another country. It allows the adoption authorities, both in Québec and in the country of origin, to ensure that the candidate is able to meet the specific needs of a child adopted from another country. To find out more about this key step in the adoption process, it is recommended that adoptive parents read the document The psychosocial assessment: a guide for parents applying for international adoption.

Adopting a child from a State where the Hague Convention  is in effect

If the adoption involves a child from a State where the Hague Convention is in effect, the assessment is carried out at the adoptive parent’s expense under the supervision of the Director of Youth Protection, who will mandate a member of the Ordre des psychologues du Québec or the Ordre professionnel des travailleurs sociaux du Québec to carry out the assessment.

At the first meeting, the evaluator will ask the adoptive parent to show the letter confirming that a file has been opened with the SAI; this letter was received during the previous step. Once the assessment has been carried out and approved, the Director of Youth Protection sends the original of the assessment to the SAI. The recommendation must be positive for the international adoption process to go forward.

Adopting a child from a State where the Hague Convention is not in effect

If the adoption involves a child from a State where the Hague Convention is not in effect, the assessment may be carried out, at the adoptive parent’s expense, by a member of the Ordre des psychologues du Québec or the Ordre professionnel des travailleurs sociaux du Québec chosen from a list of names provided by the order in question, a copy of which has been sent to the Minister. The assessment may also be carried out under the supervision of the Director of Youth Protection in the adoptive parent’s region of residence, in which case the adoptive parent mandates a social worker or a psychologist who is a member of the professional order to carry out the assessment. In this case also, the assessment is carried out at the adoptive parent’s expense.
 
At the first meeting, the evaluator will ask the adoptive parent to show the letter confirming that a file has been opened with the SAI; this letter was received during the previous step. Once the assessment has been carried out and duly signed, the professional or the Director of Youth Protection ensures that the original of the assessment is sent to the SAI. The recommendation must be positive for the international adoption process to go forward.

Step 5: Preparing the adoption file

The adoptive parent prepares the adoption file with the help of the certified body, which counsels and guides the adoptive parent in the collection, translation and authentication of documents. Once assembled, the documents are submitted to the office of the foreign country’s representative in Canada (consulate, embassy, diplomatic representation) for certification; they are then returned to the certified body to continue the procedure.

Adopting a child from a State where the Hague Convention is in effect

If the adoption involves a child from a country where the Hague Convention is in effect, the SAI, as central authority, must, in accordance with Article 15, prepare and transmit a report on the adoptive parent to the central authority in the child’s country of origin.  The psychosocial assessment constitutes this report. Through this document, the SAI fulfils its obligation to the foreign authorities.

Adopting a child from a State where the Hague Convention is not in effect

During this step, the SAI issues a letter for the foreign authorities to attest that the adoptive parent has undergone a psychosocial assessment to establish that the adoptive parent is qualified and suited to adopt. 

Step 6: Sending the adoption file to the authorities in the child's country of origin

Once it has ensured that the file is complete, the certified body sends the documents to the authorities in the child’s country of origin. If the certified body has a representative abroad, the latter submits the adoptive parent’s file to the competent authorities and follows up on its progress with the latter. The certified body ensures that the procedure is carried out. 

Step 7: Choosing the citizenship process or the immigration process or starting the immigration process, if mandatory

Canadian citizens may choose either to apply for Canadian citizenship for a child adopted from another country without first applying for permanent residence or to follow the immigration process, which begins with the submission of an application to sponsor and undertaking. For some adoptive parents, however, their only option is to follow the immigration process. It depends on whether the adoption is completed abroad or will only be completed once the adopted child arrives in Canada.   

An individual who wishes to adopt a child whose adoption is granted abroad may either submit an application for Canadian citizenship for the child at the beginning of the adoption process or submit an application for permanent residence followed at a later date by an application for Canadian citizenship for the child.

The citizenship process

The adoptive parent may submit an application for citizenship for an adopted person if the adoptive parent is a Canadian citizen.  In the case of a couple, at least one of the parents must be a Canadian citizen. The citizenship process comprises two steps:

1. The confirmation of Canadian citizenship of the adoptive parent(s) (Form entitled Part 1: Confirmation of Canadian citizenship of the adoptive parent(s)).
2. The application for citizenship for the child to be adopted (Form entitled Part 2: Adoptee’s application).

Even before the child’s identity is known, the adoptive parent can complete the first part of the citizenship application and send it to Citizenship and Immigration Canada, which will verify whether the applicant is a Canadian citizen. There is a processing fee.

If the application is eligible, the applicant receives a letter indicating the steps to follow to complete the second part of the application, which concerns the child to be adopted, once the latter’s identity is known (Step 9 “Proposal of a child”).
 
The immigration process

The child cannot obtain Canadian citizenship before arriving in Québec. The child must first be sponsored by the adoptive parent under the family class immigration category in order to obtain permanent residence. The adoptive parent thereby makes a commitment to the immigration authorities that he or she will provide for the child’s basic needs.

The immigration process comprises two steps:

1. The application to sponsor and undertaking (Form entitled Application to sponsor and undertaking).
2.  The application for permanent residence in Canada (Form entitled Application for permanent residence in Canada).

Even before the child’s identity is known, the adoptive parent can complete the first part of the application (Application to sponsor and undertaking) and send it to Citizenship and Immigration Canada, which will verify whether the applicant may sponsor the child to be adopted. There is a processing fee.

If the application is eligible, the applicant receives a letter indicating the steps to follow to complete the second part of the application, which concerns permanent residence, once the child’s identity is known (Step 9 “Proposal of a child”).

Mandatory immigration process

Instead of rendering an adoption decision, the authorities in the child’s country of origin entrust the child to the adoptive parent so that the adoption can be granted in Québec. In this situation, the adoptive parent must follow the immigration process for the child.

The child cannot obtain Canadian citizenship before arriving in Québec. The child must first be sponsored by the adoptive parent under the family class immigration category in order to obtain permanent residence. The adoptive parent thereby makes a commitment to the immigration authorities that he or she will provide for the child’s basic needs.

The immigration process comprises two steps:

1. The application to sponsor and undertaking (Form entitled Application to sponsor and undertaking).
2. The application for permanent residence in Canada (Form entitled Application for permanent residence in Canada).

Even before the child’s identity is known, the adoptive parent can complete the first part of the application (Application to sponsor and undertaking) and send it to Citizenship and Immigration Canada, which will verify whether the applicant may sponsor the child to be adopted. There is a processing fee.

If the application is eligible, the applicant receives a letter indicating the steps to follow to complete the second part of the application, which concerns permanent residence, once the child’s identity is known (Step 9 “Proposal of a child”).

Step 8: Waiting period

The waiting period before receiving a proposal of a child varies depending on the number of files submitted in the country of origin and the child profile recommended in the psychosocial assessment. International adoption is also subject to national or international contingencies that may delay, impede or put an end to a proposed adoption.

During this period, the adoptive parent informs the certified body of any significant change in personal or family situation (pregnancy, job loss, separation, divorce, death, new cohabitation, illness, etc.). Depending on the change’s potential significance or impact with regard to the proposed adoption, the psychosocial assessment may have to be updated.

Step 9: Proposal of a child

The adoptive parent and the child are matched or paired by the adoption authorities in the country of origin or, in rare cases, by the certified body. If this responsibility falls to the certified body, it must respect the adoptive parent’s order of registration on the waiting list and take into account the recommendation of the psychosocial assessment as well as the current availability of adoptable children. However, the authorities in the country of origin generally decide which children are proposed for international adoption and to whom they will be proposed. 

Depending on the procedure agreed upon with the foreign authorities, the certified body submits the proposal of a child to the adoptive parent along with a photograph of the child and information about the child. The adoptive parent must accept or refuse the proposal within a certain period of time. The decision is then relayed to the foreign authorities. If a proposal of a child is inconsistent with the psychosocial assessment, it must be handled in collaboration with the SAI and a follow-up by the evaluator may be required. The terms and conditions of this step in the adoption process may be included in the contract concluded between the certified body and the adoptive parent.

Step 10: Authorization by the SAI to pursue the adoption procedures (letter of no objection)

During this step, the SAI verifies the documents demonstrating the child’s adoptability and the consents to adoption and ensures that the proposal is consistent with the recommendations of the psychosocial assessment. It then issues a document in which it states that it has no grounds to oppose the child’s adoption (letter of no objection). The adoptive parent does not have to request this letter.  It is issued at the proper time, when the certified body sends the SAI the necessary documents.

Adopting a child from a State where the Hague Convention is in effect

The certified body sends the SAI the documents received from the foreign authorities concerning the child and the child’s adoptability. After verifying the documents and ensuring the proposal is consistent with the recommendations of the psychosocial assessment, the SAI issues a document in which it states that it has no grounds to oppose the child’s adoption (letter of no objection).

If the adoption involves a child from a State where the Hague Convention is in effect, in accordance with Article 17, the SAI issues, at the same time, an official letter to this country’s central authority indicating that it agrees that the adoption may proceed.

Adopting a child from a State where the Hague Convention is not in effect

The certified body sends the SAI the documents received from the foreign authorities concerning the child and the child’s adoptability. After verifying the documents and ensuring the proposal is consistent with the recommendations of the psychosocial assessment, the SAI issues a document in which it states that it has no grounds to oppose the child’s adoption (letter of no objection).

Now that the child’s identity is known, the adoptive parent can continue the application procedure for Canadian citizenship or permanent residence for the child to be adopted, depending on the option chosen during step 7.

If the adoptive parent chose the citizenship process

The letter of no objection is addressed and sent to the certified body. However, to enable the child to obtain Canadian citizenship, the SAI must also state in writing that the adoption complies with Québec’s adoption legislation.

Depending on the agreement concluded with the certified body, the adoptive parent now completes the second part of the citizenship application (Form entitled Part 2: Adoptee’s application).

If the adoptive parent chose or is required to follow the immigration process

The letter of no objection, addressed to the Ministère de l’Immigration et des Communautés culturelles du Québec (MICC), is sent to the adoptive parent. The latter must make an appointment with the MICC’s regional office in order to submit this official letter and to complete the review of the undertaking to adopt the child. If the answer is positive, the MICC issues a certificate of selection for the child and sends the required documents to the Canadian visa office in the country of origin.

Depending on the agreement concluded with the certified body, the adoptive parent now completes the second part of the application for permanent residence (Form entitled Application for permanent residence in Canada).

Step 11: Administrative and legal procedures in the child's country of origin

Administrative and legal procedures may vary depending on the child’s country of origin and whether or not it is a party to the Hague Convention. In all cases, the adoptive parent must obtain a decision in the country of origin that entrusts the child to the adoptive parent. This may consist in:

1. an adoption decision rendered by an administrative or legal authority;
2. a placement decision in favour of the adoptive parent (pre-adoption placement).

If the Hague Convention is in effect in the child’s country of origin, the adoptive parent must obtain the certificate of compliance, or a document in lieu thereof, issued by the central authority in the child’s country of origin, for the adoptive parent will have to submit it to the SAI later. 

The certified body informs the adoptive parent that the much-awaited moment has come to go and pick up the child. To do so, the adoptive parent may travel alone, as a couple or in a group of adoptive parents, depending on the countries of origin. Some certified bodies offer on-site accompaniment and interpreting services. The length of the trip may vary. In some countries, a person designated by the certified body or the country of origin may escort the child to Québec. In such cases, the adoptive parent meets the child at the airport. Even if the child escort service is available, it is preferable that the new parent go and pick the child up in the country of origin.
 
If the adoptive parent chose the citizenship process

Although it is not required, it is recommended that the child undergo a medical examination.

To enable the child to obtain Canadian citizenship and enter Canada, the SAI must state in writing that the adoption complies with Québec’s adoption legislation. In order to issue this statement as quickly as possible, the documents concerning the adoption decision rendered by the authorities in the country of origin must be sent to the SAI as soon as they are received, in accordance with the agreement concluded with the certified body. All documents written in a language other than French or English must be submitted with a translation.

Following receipt and review of the documents, the SAI sends the Canadian visa office in the country of origin the Déclaration en vertu de la Loi sur la citoyenneté, in which it states that the adoption complies with Québec’s adoption legislation. Citizenship officers may only grant the child Canadian citizenship once this letter has been received. Once citizenship has been granted, the child may enter Canada.

If the adoptive parent chose or is required to follow the immigration process

The child must undergo a medical examinationin a clinic or hospital designated by the Canadian embassy. The adoptive parent then applies for a visa for the child from the Canadian visa office in the country of origin. Once the visa has been obtained, the child may enter Canada.

Step 12: Arrival of the child in Québec

The adoptive parent must confirm the date the child is entrusted to him or her and the date of the child’s arrival in Canada to the certified body which, in turn, notifies the SAI.

The adoptive parent may contact his or her CLSC (local community service centre) to schedule a visit by a health professional. This visit is part of a basket of services offered by the CLSC in the 14 days following the child’s arrival in Québec. Its purpose is to establish a first contact with the adopted child and to provide appropriate advice and care. Adoptive parents are encouraged to make an appointment as quickly as possible after the child’s arrival to avail of this service. 

Step 13: Administrative and legal procedures in Québec

The adoption procedures must continue in Québec for the adoption to have effect here. They vary depending on the type of adoption decision rendered by the child’s country of origin and whether or not the country is a party to the Hague Convention (see step 11).

Adopting a child from a State where the Hague Convention is in effect

• The country of origin issues a certificate of compliance or a document in lieu thereof – Notification to the SAI.

 If the Hague Convention is in effect in the child’s State of origin, the competent      authorities issue a certificate of compliance or a document in lieu thereof. In this document, the central authority confirms that an adoption decision has been rendered. Since the adoption decision was rendered in accordance with the prescribed procedure, the decision does not have to be recognized by a Québec court to have effect in Québec.  

The adoptive parent submits the certificate of compliance, or the document in lieu thereof, to the SAI within sixty (60) days of its issue by the central authority in the child’s country of origin, along with a translation. At the same time, the adoptive parent completes and sends to the SAI the form entitled Declaration of attribution of a name for a child adopted abroad (DEC-10) intended for the Directeur de l’état civil in which the adoptive parent indicates the name to be given to the child. 

If everything is in order, the SAI notifies the Directeur de l’état civil of both the certificate of compliance, or the document in lieu thereof, and the DEC-10 form. The SAI returns the original document and its translation to the adoptive parent marked “Transmis au Directeur de l’état civil” [Forwarded to the Directeur de l’état civil]. 

The adoptive parent may now request a birth certificate for the child from the Directeur de l’état civil by following the standard procedure.

 If the adoptive parent chose the citizenship process  

To obtain a certificate of Canadian citizenship, the adoptive parent must complete the form entitled Canadian citizenship preparation (CIT-0480) and send it to Citizenship and Immigration Canada. 

 If the adoptive parent chose or is required to follow the immigration process 

The child has permanent resident status when entering Canada; the child does not automatically become a Canadian citizen. The adoptive parent must officially submit an application to Citizenship and Immigration Canada. 

• The country of origin does not issue a certificate of compliance or a document in lieu thereof 
  

  In this case, even if the Hague Convention is in effect in the country of origin, the foreign decision must be recognized by a Québec court to have effect in Québec, either by a placement order or by recognition of the foreign adoption decision. Depending on the case, the procedure to follow is described below.

Adopting a child from a State where the Hague Convention is not in effect or from a State where the Hague Convention is in effect but which does not issue a certificate of compliance or a document in lieu thereof

• Recognition of the foreign adoption decision by an adoption judgment in Québec
   (the country of origin renders an adoption decision)

The adoption judgment, rendered by the foreign court, must be recognized by the Youth Division of the Court of Québec to have effect in Québec. This step is mandatory for the child to be granted legal status in Québec and, in cases where the adoptive parent chose the immigration process for the child, to obtain Canadian citizenship. During this step, the adoptive parent indicates the name to be given to the child.

Upon receipt of notification of the child’s arrival and the accompanying documents, the SAI prepares a certificate for the court entitled Attestation – Démarches d’adoption internationale effectuées par un organisme agréé. This document confirms that the SAI followed the adoption procedures as prescribed and that the country of origin rendered an adoption decision. The certificate is given to the adoptive parent along with a letter addressed to the adoptive parent. The adoptive parent then prepares the motion for recognition of the foreign adoption decision, which is submitted along with the certificate. The adoptive parent may retain the services of a legal advisor to draft and present the motion.

Upon recognition of the foreign judgment, the clerk of the Youth Division of the Court of Québec sends a copy of the judgment to the Directeur de l’état civil, so that the child can automatically be registered. The adoptive parent can then obtain the child’s birth certificate from the Directeur de l’état civil by following the standard procedure.

The adoptive parent must send the SAI a copy of the judgment of the Youth Division of the Court of Québec.

If the adoptive parent chose the citizenship process

To obtain a certificate of Canadian citizenship, the adoptive parent must complete the form entitled Canadian citizenship preparation (CIT-0480) and send it to Citizenship and Immigration Canada.

 If the adoptive parent chose or is required to follow the immigration process 

The child has permanent resident status when entering Canada; the child does not automatically become a Canadian citizen. The adoptive parent must officially submit an application to Citizenship and Immigration Canada once the adoption judgment (recognition of the decision) has been obtained from the Youth Division of the Court of Québec.

• Placement order followed by an adoption judgment in Québec
  (the country of origin orders the child’s placement in favour of the adoptive parent – pre-adoption placement)

 In some countries of origin, the foreign authorities do not render an adoption decision. Instead, they entrust the child to the adoptive parent so that the adoption can be granted in Québec.

This is a two-step procedure:

 1. The adoptive parent must first apply to the Youth Division of the Court of Québec of the judicial district where the adoptive parent resides, through its youth centre, to obtain a placement order in Québec.

Upon receipt of notification of the child’s arrival and the accompanying documents, the SAI prepares a certificate for the court entitled Attestation – Démarches d’adoption internationale effectuées par un organisme agréé. This document confirms that the SAI followed the adoption procedures as prescribed and that the country of origin authorized the child’s placement. 

The certificate is given to the adoptive parent along with a letter addressed to the adoptive parent. The adoptive parent then prepares the motion for a placement order, which is submitted along with the certificate. The Director of Youth Protection is a party to these procedures. The adoptive parent may retain the services of a legal advisor to draft and present the motion.

 2. After the placement period prescribed by the order, the adoptive parent applies to the court again to obtain an adoption judgment in Québec. This step is mandatory for the foreign decision to have effect and, therefore, for the child to be granted legal status in Québec. It is also necessary in order to obtain a birth certificate from the Directeur de l’état civil and to obtain Canadian citizenship. During this step, the adoptive parent indicates the name to be given to the child.

When the adoption judgment is granted in Québec, the clerk of the Youth Division of the Court of Québec sends a copy of the judgment to the Directeur de l’état civil, so that the child can automatically be registered. The adoptive parent can then obtain the child’s birth certificate from the Directeur de l’état civil by following the standard procedure.

The adoptive parent must send the SAI a copy of the judgment of the Youth Division of the Court of Québec.

Finalization of the immigration process by applying for citizenship for the adopted child

The child has permanent resident status when entering Canada; the child does not automatically become a Canadian citizen. The adoptive parent must officially submit an application to Citizenship and Immigration Canada once the adoption judgment has been obtained from the Youth Division of the Court of Québec.

Step 14: Preparing and sending reports on the child's progress to the country of origin

In all adoption cases concerning a child domiciled outside Québec, the adoptive parent, upon signing the contract with the certified body, undertakes to submit reports on the adopted child’s progress to the authorities in the country of origin according to their requirements. The form, frequency and number of reports as well as the length of this commitment may vary considerably from country to country. Some countries require that these reports be submitted until the child reaches the age of majority. Depending on the country of origin’s requirements, the reports are prepared by a psychologist or a social worker mandated by the Director of Youth Protection, by a social worker or psychologist in private practice, or by the adoptive parent, at the latter’s expense. The certified body sends the reports and their translations, if applicable, to the country of origin.

Progress reports may also have to be submitted to the Youth Division of the Court of Québec when the latter has to grant a placement order followed by an adoption judgment. The same reports may be used for both this procedure and to meet the requirements of the country of origin.

Failure to send progress reports may have serious repercussions and this decision does not only affect the parent in breach of the commitment. Countries of origin closely monitor the receipt of reports and sanctions imposed in the past have included fully closing the country to adoptive parents of the host country in which the parents failed to submit the required reports.

Step 15: Finalization of adoption procedures

International adoption procedures are finalized when :

• the Directeur de l'état civil is notified or an adoption judgment is rendered;
• the Directeur de l'état civil issues a birth certificate;
• the child is granted Canadian citizenship;
• progress reports are submitted and sent to the country of origin;
• where applicable, the other administrative procedures after adoption are carried out with the authorities of the country or origin. 

Under Québec legislation, files pertaining to a child’s adoption are confidential and the information contained therein may only be disclosed where permitted by law. Once the adoption procedure has been completed, the SAI closes the adoption files. They are then archived and digitalized and may be used to prepare a summary of the child’s history should the SAI receive a request for the child’s sociobiological history or a request for a reunion.

Initials employed in text :

Hague Convention : Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

SAI : Secrétariat à l'adoption internationale

CLSC : Centre local de services communautaires. Local resource of Centre de santé et de services sociaux (CSSS)