Are Canadian adoptions considered international
adoptions?

Note: Our guest Lesley Siegel is experienced in all aspects of international adoption law and works with Across the World Adoptions. She has kindly answered this question for our listeners. This is not intended as legal advice. To listen to her interview, please click here.

Yes, it is. Such an adoption can be completed in the US state or sometimes in Canada depending on the law of the state involved and the law of the province in Canada from which the adopting family comes.

There would be immigration controls for the US born child to enter Canada and the couple should consult an attorney or agency in their province for assistance. One great source that I have found for the province of British Columbia is Doug Chalke. He's an attorney and he has an agency called Sunrise Family Services. You can reach Doug by clicking here to email him, or calling 604 984 2488. Please click here to visit their web site which has a wealth of information.

What is interesting is that for the moment, the US has no exit controls on children leaving the US. Unless the particular state has requirements, you do not need any federal permission for our children to leave the US. (However, as mentioned above, Canada would have entrance requirements for US children entering Canada). The Hague Convention on International Adoption will change all of this drastically. It is in the process of implementation. The first round of regulations have been proposed and they have just closed the time for public comment on December 15, 2003. It is projected that the Hague will come into effect in the US sometime in 2005. It is already in effect in Canada, but the treaty does not apply until both countries involved have the treaty in force. Since it is not yet in force in the US, the Hague rules do not yet govern adoptions between the US and Canada. But watch out for 2005!

And yes, the reverse is also true, US couples wishing to adopt from Canada would need an international homestudy and would have to file a petition for approval with US Citizenship and Immigration Services (the former INS). They should not bring a Canadian citizen child into the US without first meeting our immigration requirements.

Either of these options are considered international adoptions since they involve the citizens of different countries. I am not aware of any way that such adoptions can be considered "domestic." Sometimes people do get confused between the adoption requirements and the immigration requirements. Just because it is an international adoption, doesn't mean it can't be completed in the US state or it could be completed in the Canadian province. But again, the fact of where the adoption is completed does not change the fact that children who are citizens of one country are going to live in another and that is an immigration issue that must also be addressed. Even though families may not be stopped at the border, they eventually will need proof of citizenship and at that time the fact of birth in a foreign country will come out.