5.3 (1) An application made under subsection 5.1(2) of the Act in respect of a person who was adopted while he or she was at least 18 years of age shall be
(a) made to the Minister in the prescribed form and signed by the person; and
(b) filed, together with the materials described in subsection (2), with the Registrar.
(2) For the purposes of paragraph (1)(b), the materials required by this section are
(a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;
(b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;
(c) evidence that establishes that the adoption took place on or after January 1, 1947 and while the person was 18 years of age or older; and
(d) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act.
(3) The following factors are to be considered in determining whether the requirements of subsection 5.1(2) of the Act have been met in respect of the adoption of a person referred to in subsection (1):
(a) whether, in the case a person who has been adopted by a citizen who resided in Canada at the time of the adoption,
(i) a competent authority of the province in which the citizen resided at the time of the adoption has stated in writing that it does not object to the adoption, and
(ii) the pre-existing legal parent-child relationship was permanently severed by the adoption; and
(b) whether, in all other cases, the pre-existing legal parent-child relationship was permanently severed by the adoption.
- SOR/2007-281, s. 2
- SOR/2009-108, s. 10
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