Citizenship Act

Marginal note:Adoptees  — minors

• 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

  • (a) was in the best interests of the child;

  • (b) created a genuine relationship of parent and child;

  • (c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen; and

  • (d) was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

• Marginal note:Adoptees  — adults

  (2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

  • (a) there was a genuine relationship of parent and child between the person and the adoptive parent before the person attained the age of 18 years and at the time of the adoption; and

  • (b) the adoption meets the requirements set out in paragraphs (1)(c) and (d).

• Marginal note:Quebec adoptions

  (3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption  —  by a citizen who is subject to Quebec law governing adoptions  —  a decision was made abroad on or after January 1, 1947 if

  • (a) the Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; and

  • (b) the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.

• Marginal note:Not applicable  — after first generation

  (4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

  • (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g) or (h), or both of the adoptive parents were citizens under any of those paragraphs; or

  • (b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.

• Marginal note:Exception  — child or grandchild of person in service abroad

  (5) Subsection (4) does not apply to a person who was

  • (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

  • (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

  • (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.