# Adoption to Canada



## brianb99 (May 28, 2017)

I'm from Canada, living in Manila, married to a Filipina. We want to adopt our 7 year old niece who has lived with us for 6 years. Niece's mom says ok, and there is no father around. The Canadian Embassy said they don't issue Legal Capacity to Adopt, only a non-involvement letter. Does anyone know how to get a Legal Capacity to Adopt for Canada? Thanks.


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## Asian Spirit (Mar 1, 2010)

brianb99 said:


> I'm from Canada, living in Manila, married to a Filipina. We want to adopt our 7 year old niece who has lived with us for 6 years. Niece's mom says ok, and there is no father around. The Canadian Embassy said they don't issue Legal Capacity to Adopt, only a non-involvement letter. Does anyone know how to get a Legal Capacity to Adopt for Canada? Thanks.


Hi Brian and welcome. That sounds like a tough situation to be in. I hope one of the members will have an idea for your that will be of help.
If your embassy can't or won't help it might be a good idea to contact your government back home.


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## JShannon (Jan 28, 2014)

brianb99 said:


> I'm from Canada, living in Manila, married to a Filipina. We want to adopt our 7 year old niece who has lived with us for 6 years. Niece's mom says ok, and there is no father around. The Canadian Embassy said they don't issue Legal Capacity to Adopt, only a non-involvement letter. Does anyone know how to get a Legal Capacity to Adopt for Canada? Thanks.


I am in the process of adopting my step son, I also live here. I am not dealing with Canada at all. I am doing the adoption here. I believe but not 100% sure having the "Legal capacity to adopt" only applies if you are living in Canada and adopting from outside the country.

I am familiar with what you are talking about but our lawyer has never mentioned it as being a requirement adopting here. Also in the seminar that is required to adopt here through DSWD, it was never mentioned because you would be adopting here not in Canada. One of the requirements though is that you have had to live here for 3 years, the $ to support and look after the child and a few other things.

Our plan after the adoption, which takes normally about 1 year is to apply for landed immigrant status and eventually citizenship for my wife and son to Canada, we don't know if we will ever move there but having the citizenship would definitely be beneficial option for down the road. 

Once you are the legal parent it should be easier that adopting from abroad, if you adopt from Canada your child will have automatic citizenship. A friend of mine has adopted 3 kids from Vietnam for a price of about 30K CAD each.

Talking to our DSWD contact inter country adoption can take a lot longer time, a lot of complications and a lot of money. Our lawyer has a fixed fee for this which he has done a lot of them, is is 100K PHP. In Manila could be more.

You might want to consider this route, you should find a reputable lawyer to talk to. Keep in mind that most lawyers here would not be familiar with Canadian adoption laws so best not to bring that into it and deal with it afterwards.

Hope this helps, will let you know how it goes, first out of 3 court dates is the end of June. We started the process in December so don't expect anything to happen quickly as I am sure you already know.

Cheers


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## brianb99 (May 28, 2017)

@JShannon .. Thanks so much for the info. I have a lawyer, but I'll contact DSWD now also.


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## JShannon (Jan 28, 2014)

You're welcome, I have found more information recently. Here is the Republic Act that governs adoption, R.A. 8552

A couple of requirements I have underlined below.

Section 7. Who May Adopt. – The following may adopt:

(a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;

(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughterrovided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse;

The part about the child being able to return to Canada is covered on this page, the Embassy will issue a letter for that. https://travel.gc.ca/travelling/children/international-adoption


Cheers


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