Canada in many respects has had a head start in international adoption from China, with the province of Quebec in particular having strongly encouraged these adoptions since 1991. There are more than 2500 children in Quebec who have been adopted from China, with the rest of Canada now only gradually catching up.
The rules for adopting from China are, from the perspective of the Chinese government, the same throughout the world, so Canadian readers are encouraged to read the U.S. information contained on the FCC web page (www.fwcc.org), which is also generally applicable to Canada (except, of course, for the parts of the process where the provincial government is involved and the Canadian immigration process). Please note there are essentially three government participants in the international adoption process in Canada: the Chinese government (primarily through the Ministry of Civil Affairs), the provincial adoption ministry (for purposes of the home study and licensing procedures) and the federal immigration department. There is a also a fourth participant, the federal National Adoption Desk, but its role is relatively limited and there is no paperwork to complete for this agency: at the request of the Chinese authorities, however, all completed adoption applications (other than from Quebec) are channeled through the National Adoption Desk.
Readers are cautioned that the rules for provincial involvement in international adoptions vary from province to province (with Quebec in particular following a different regime). This overview, insofar as provincial regulations are concerned, is based on the rules applicable in Ontario. The sections of this overview where provincial laws are relevant are marked with an asterisk (*).
Who May Adopt: According to Chinese law, any married couple 30 years of age or older may adopt a child with no medical conditions. There is no requirement for a minimum period of marriage (although this will likely be relevant for purposes of your home study). Single adults (but not same sex couples) may also adopt according to specific criteria related to the sex of the adoptive parent. Persons in a common law relationship are not accepted and must marry if they want to adopt. Couples who are younger than 30 cannot adopt a child.
Children Proposed for Adoption: Girls (with a few rare exceptions) from about 6 months to two years of age. Possibilities also exist for the adoption of older children of both sexes (although boys will often have a medical condition).
Obligation to Travel to China: Adoptive parents must travel to China to adopt their child, although it is possible for one married parent to provide a power of attorney to the other in exceptional circumstances (for instance, where there are existing children in the family to care for). Generally speaking, however, it is expected that both parents will travel to China.
The duration of the trip is generally two weeks, with about five working days spent in the adoption locale (to complete the Chinese adoption process) and five working days spent in Beijing (to carry out the medical examination required for the Canadian government and to process the landed immigrant papers at the Canadian embassy).
Costs: Total costs (including home study, translation costs, notarization fees, donation to orphanage and travel to China) average between (Cdn) $15,000 to $18,000. Costs tend to be somewhat lower in Canada than in the United States (taking exchange into account) because Canadian agencies/facilitators tend to operate on a non-profit basis.
Home Study (*): This is the starting point for the adoption process. Each province has slightly different requirements, but generally speaking at least three visits are required with an approved social worker. In Ontario, the country you are adopting from (i.e. China) must be specified in the home study. This can lead to problems where you change your mind or a different adoption opportunity presents itself. However, the theory is that you must specify the country so the social worker can deal with any racial/cultural issues that present themselves over and above the "normal" issues that must be dealt with as part of the adoption process. Because everything has to be translated, ask your social worker to keep the home study on the shorter side: social workers who handle international adoptions will be sensitive to this request.
Upon completion, your home study will be submitted for approval to the relevant provincial ministry, which will in due course issue a letter of approval (known as a "letter of recommendation" in Ontario).
Your Adoption Facilitator (*): Most international adoptions are carried out with the assistance of a local facilitator who has experience in the Chinese adoption process.
The experience in Canada with the (relatively few) facilitators who are active in Chinese adoptions has to date generally been very good. It should be remembered, however, that, because Chinese adoptions are legally completed in China, facilitators are usually not licensed, monitored or regulated by the provincial government. Please note, however, that international adoption facilitators will be required to be licensed in Ontario in the near future (probably by January 2000) pursuant to the provisions of the Intercountry Adoption Act.
Your Adoption File For China: You should be collecting the contents of your adoption file while your home study is in the approval process: don't procrastinate but don't start too soon either, because you don't want your documents to become "stale dated"! This will require some legwork, especially if you need to obtain documents from outside Canada. Your facilitator will provide you with additional information as to exactly what is required. The current list of documents is as follows:
All of this material must be organized, translated and notarized. Your facilitator will look after these details once you pull your file together. Keep lots and lots of copies!
Immigration Requirements Once you've completed your adoption file, you should complete and mail your Canadian immigration sponsorship forms. Make sure you obtain the forms that are designated for international adoptions, because they go to a different processing office than most other immigration applications. These forms can be obtained from your local federal government immigration office. The application is relatively simple to fill out -- where the name of the sponsored individual is requested, simply fill in "not known at this time" -- the important thing is to obtain a file number! Financial information is required for these forms, but this is quite straightforward to complete. This paperwork will eventually end up in Beijing, since all international adoptions from China are completed through the Canadian embassy in Beijing.
The cost to submit these forms is $100 (the new immigration surcharges do not apply to international adoptions). Remember to keep your acknowledgment of receipt of payment, because this piece of paper is often requested when you show up at the Canadian embassy in Beijing! It is in any event imperative to take copies of your immigration file with you to China in case paperwork goes missing.
Notification of Placement of Child (*) Once you have been matched with your child in China, the National Adoption Desk will be notified (in the case of non-Quebec adoptions) and you will subsequently be informed through your home study social worker and/or facilitator. Adoptive parents must confirm their acceptance of the child in writing as soon as possible. Once the child has been accepted, the Chinese government will issue a "notice of coming to China" through the same channels. The provincial ministry that approved the home study will send a "letter of no objection" to the federal immigration department, which will then send your immigration file to Beijing to meet up with you when you arrive in China.
The Canadian embassy in Beijing will provide you with a landed immigrant visa for your child to enable you to enter Canada with the newest member of your family. You can apply for Canadian citizenship immediately upon your return to Canada -- there is no waiting period for infant adoptions!
Post Adoption Requirements A recent requirement of the Chinese government has been the introduction of post-placement child progress reports. These reports are to be completed by a social worker six months and twelve months following the adoption placement. In addition, adoptive parents are strongly encouraged to send letters and photographs to the orphanage from which their child was placed on at least an annual basis.
Further Information This information was prepared by FCC Toronto (Central Ontario Families with Children from China), with grateful acknowledgements to Bonnie Maddever for her assistance. Please contact FCC Toronto by e-mail at dmz@tvo.org if you have additional comments and/or questions.
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