Adopting a child in Canada is a great way to build a family instead of gathering egg and sperm donors for surrogacy. You can either adopt a newborn or an older child, depending on the care you can provide.
Canadian law requires you to follow specific rules when adopting a child. Partners who cannot adhere to the regulations may risk getting disqualified from adopting a kid.
If you’re wondering what disqualifies you from adopting a child in Canada, look no further. Our guide contains all the details you need, so dive below.
Adopting A Child In Canada: Eligibility Criteria
Adoption is a legal way to build a family in Canada if you cannot conceive or want to give an orphan a home. You can also adopt a family member’s child under kinship adoption after your loved one’s death, for the child’s education, and other reasons.
When adopting a child in Canada, you must be:
- A resident of the province from which you’re adopting the child
- Above 18 years old
- Free of a criminal record
- Taking mandatory training courses for parenting
All couples or singles adopting a child in Canada must also pass background checks for child welfare and complete a mutual family assessment.
Fulfilling these requirements will ensure the government doesn’t disqualify you from adopting a child.
What Disqualifies You From Adopting A Child In Canada?
Many people wonder what disqualifies you from adopting a child in Canada. Here are the top five reasons your application may be denied:
1. Criminal Record
Having a past criminal record is a big disadvantage when adopting a child in Canada. The authorities don’t prefer to leave a kid with someone who has a history of committing crimes.
Criminal offences are serious crimes punishable by a summary conviction or imprisonment under an indictable offence. Even if you were a first-time offender or young during the guilty verdict, it doesn’t matter.
The government will reject your application because the main purpose of adoption is to offer a safe and stable home to a child. Similarly, your application may also be denied if you’re involved in an ongoing criminal case.
2. Non-Canadian Citizen
When adopting a child in Canada, you must live in the province where the process will occur. Remember, just living in a territory is not enough if you’re not a Canadian citizen.
You can only adopt in Canada if you’re a citizen or permanent resident of a specific province. For example, you may want to adopt a child in Scarborough.
This means you must be a permanent resident of Ontario to complete the adoption process. If you’re not a local, you will be disqualified from adopting.
3. Below Age 18
A primary aim of adoption Canada is to offer mature, stable, and healthy parents to a child. You must meet the minimum age requirements to adopt a kid. A person must be 18 years old or above to adopt a child.
If you’re less than 18 years old, you cannot adopt a child. Even if you’re able to apply, you’ll be disqualified from the process. This is regardless of whether you want to adopt your nephew after your sibling’s passing.
4. Inability To Offer A Safe Or Stable Home
One of the eligibility requirements of adopting in Canada is passing a child welfare background check. The check involves gathering information about a person’s involvement with child welfare services.
This can include details of past allegations of child abuse, neglecting a child under your supervision, sexually assaulting a child, and more. If you have a record of such offences, you’ll be disqualified from adopting a child in Canada.
The government will consider you unable to offer a safe home to the kid. Such a reason is also valid if you have a domestic violence history or debts.
When referring to a safe and stable home, you must ensure you’re not suffering financially. People who want to adopt a child but are not able to provide for their needs are considered unstable households.
5. Adopting From A Restricted Country
When adopting a child in Canada through the intercountry adoption process, you must choose a country carefully. If you file a process for adopting a child from a restricted country and bringing them to Canada, you’ll be disqualified.
A country may be restricted because a Canadian province has suspended adoption from there. It may also be restricted if the country itself doesn’t allow international adoption. Usually, Canadian residents aren’t allowed to adopt from a place that is part of the Hague Convention.
Solutions To What Disqualifies You From Adopting A Child In Canada
You don’t have to be disheartened if you’re at risk of getting disqualified. There are different solutions to what disqualifies you from adopting a child in Canada. Let’s look at them in detail:
1. Apply For A Canadian Pardon
Having a criminal record makes adoption in Canada a complicated process. However, it doesn’t make the act impossible. You can still adopt a child by obtaining a Canadian Pardon.
The Parole Board of Canada allows you to directly apply for a criminal record suspension. They will review your form and process it under the Criminal Records Act. If you meet the eligibility criteria for record suspension under the act, you’ll receive a pardon.
Keep in mind that the Canadian Pardon will not erase your criminal record. Instead, it will keep it hidden from public view so that it doesn’t show up on background and criminal record checks.
When the adoption agency runs a check, they will not learn you have a past criminal record. This will allow you to have the same chances as an adopter without a criminal history.
2. Become A Canadian Citizen
If you’re a non-Canadian but have long-term plans to live in Canada, you can apply for citizenship. This will be a breeze if you’ve already lived in the country for three years or more.
People who have lived in Canada for three years continuously can apply for permanent resident (PR) status. If you become a PR, you can easily meet the eligibility criteria for a Canadian citizen. To apply for citizenship, you must:
- Be a PR (you can also apply for citizenship with an expired permanent resident card)
- Have lived in Canada for three out of the last five years
- Have filed your latest tax returns if applicable
- Prove language skills (English or French)
- Pass the Canadian citizenship test
- Take the citizenship oath
Once you take the oath, you’ll be officially recognized as a Canadian citizen. After getting your citizenship card, you can start the process of adopting a child without risk of disqualification.
3. Delay Your Adoption Plans Until You Meet The Age Criteria
If the main reason behind your disqualification from adopting a child is failure to meet age requirements, the best option is to wait. You can delay your plans to build a family by a few years.
Once you turn 18, you’ll be eligible to adopt a child if you’re a Canadian citizen or permanent resident. Even if you want to adopt another family member, you’ll have to wait. Until you’re eligible, the child will be placed in foster care or other government systems.
4. Work With A Social Worker Or Adoption Lawyer
Working with a social worker is beneficial if your application is denied because of your inability to offer a stable home. The experienced individual can guide you on why your household was considered unsafe or unstable.
Depending on the reasons, you can take active measures to represent your household as healthy before applying for adoption again. Another key figure that can help you include an adoption or criminal lawyer.
Adoption lawyers are also a great help when you want to perform an international adoption. You can also seek help from an attorney to obtain a Canada Pardon for your criminal record. They can tell you whether you meet the criteria for the suspension or must wait until the waiting period is over.
How Can An Adoption Lawyer Prevent You From Getting Disqualified For Adopting A Child In Canada?
Seeking advice from an adoption attorney, such as Barnett Law, is excellent for ensuring your application doesn’t get disqualified. We help you by:
- Pre-adoption application reviews to identify and resolve red flags that can get you disqualified
- Prepare accurate documents for your adoption process to ensure incomplete application is not the reason behind the denial
- Addressing past criminal history by helping you obtain a Canada Pardon, seal your youth records, and more
Our adoption lawyers will also conduct home studies with you to help you prepare for things that a social worker will evaluate you for. By helping you resolve household issues before the review, you can show your home is safe and stable for the adopted kid.
FAQs
Can You Adopt In Canada With A Criminal Record?
You can adopt a child in Canada with a criminal record by obtaining a Canada Pardon. This will keep your history hidden from social workers and adoption agencies. If you don’t receive a pardon, you cannot adopt with a criminal record.
When Are You Ineligible For A Canadian Pardon?
You cannot receive a Canada Pardon if you committed an offence involving a child (Schedule 1 Offence) under the Criminal Records Act. The records also won’t be suspended if you committed more than three offences, each punished with two years of imprisonment or more.
What Is The Maximum Age To Adopt A Child?
There is no maximum age to adopt a child. You will not be disqualified because of age if you’re a 25-year-old adult or 50 year 50-year-old senior in Canada.
Is Adopting A Child In Canada Allowed With Domestic Violence History?
Adopting a child in Canada is complicated with a domestic violence history, especially if you were the perpetrator and have a criminal record for it. You should prepare yourself for the worst-case scenario if you’ve applied for adoption with a domestic violence history.
Is Adoption Easy In Canada?
Adoption is a complex process that requires you to follow Canadian laws and eligibility criteria. If you meet the specific conditions and prepare for evaluations by consulting an adoption lawyer, the process will be easier for you.
Adopting A Child In Canada: Seek Our Help To Ensure You Don’t Get Disqualified
Sometimes, adopting a child in Canada is the only way to build a family for most couples. This is especially true for those who underwent IVF cycles, but experienced unfavourable outcomes.
Consulting a lawyer before starting the adoption process in Canada is the best tip you can follow. Experts such as Barnett Law can help you understand whether you’re eligible, review your applications before submission, and more.
Contact us today if you want to adopt a child in Scarborough without the risk of getting disqualified!
Author Profile
- Barnett Law is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh Barnett wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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