Intercountry adoptions: The Hague Convention and Central Authorities

This section provides information about the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). It describes the differences between intercountry adoptions with countries that have signed the Hague Convention (i.e. Hague adoptions) and intercountry adoptions with countries that have not signed the Hague Convention (i.e. non-Hague adoptions). It also describes the roles and responsibilities of countries that have signed the Hague Convention and the roles and responsibilities of their Central Authorities.

On this page

• The Hague Convention
• Main responsibilities in Canada
• Hague Convention adoptions
• Non-Hague Convention adoptions
• United Nations Convention on the Rights of the Child
• Main responsibilities for Hague Adoptions in Canada
• Major differences in the immigration/citizenship process with non-Hague intercountry adoptions
• Potential risks for intercountry adoptions (higher risks for non-Hague countries)
• For more information

The Hague Convention

In December 1996, Canada became party to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Convention).

The objectives of the Hague Convention are to:

• establish safeguards to ensure that intercountry adoptions take place in the best interests of the child and with respect for their fundamental rights as recognised in international law;
• establish a system of cooperation between countries that have signed the Hague Convention through designated Central Authorities, to ensure that those safeguards are respected, thus preventing the abduction, sale, or traffic of children; and
• secure the recognition of adoptions made in accordance with the Hague Convention.

The Hague Convention requires the designation of a Central Authority (CA), which is the main mechanism for cooperation between countries that have signed the Hague Convention and lists the duties for the CAs of both the country of origin and the receiving country. It is the role of these CAs to determine whether the Hague Convention applies to a particular case.

The Hague Convention requires the country of origin to ensure that (list is not exhaustive):

• the child is adoptable;
• the possibilities for placement of the child in the country of origin have been given due consideration
• intercountry adoption is in the child’s best interests;
• the proper consents have been obtained (including, where required, the consent of the birth parent and/or of the child)
• these consents have been given freely and expressed in writing, after being duly counselled and informed of the effects of their consent, in particular whether the adoption will terminate the legal parent-child relationship
• the decision to consent to the adoption is not induced by payment or compensation of any kind
• having regard to the age and degree of maturity of the child, that consideration has been given to the child’s wishes and opinions.

In addition, the Hague Convention requires the receiving country to ensure that:

• the adoptive parents are eligible and suitable to adopt
• the adoptive parents have been counselled as necessary
• the competent authorities have decided that the child is allowed to enter and live permanently in the receiving country

The Hague Convention allows for the adoption to be completed in either the country of origin or the receiving country, depending on the laws of the countries, and allows for probationary periods where the child and prospective adoptive parents (PAPs) live together (either in the country of origin or receiving country) before the adoption is finalized.

The Hague Convention applies to intercountry adoptions of children under 18 years of age that create a permanent legal parent-child relationship between the child and the adoptive parent.

For the full text of the Hague Convention, refer to the Hague Conference on Private International Law.

Main responsibilities in Canada

In Canada, the constitutional responsibility for adoption and child welfare rests with the provinces and territories. Each province and territory has their own designated CA and individual legislation, regulations, and procedures regarding adoption.

The immigration or citizenship process for the adopted child falls under federal jurisdiction. IRCC is the competent authority responsible for deciding whether the child is allowed to enter and live permanently in Canada.

The Minister of Immigration, Refugees and Citizenship Canada (IRCC) is also the designated Federal Central Authority (FCA) under the Hague Convention. This role is exercised by the Intercountry Adoption Services (IAS) unit within IRCC. The FCA’s primary role is to promote the Hague Convention in Canada (both within IRCC, across other Departments and with the provincial and territorial CAs), and facilitate communication and cooperation between provincial and territorial CAs and those of other countries that have signed the Hague Convention.

Immigration and citizenship decisions are separate from adoption decisions and have different decision-makers. However, immigration and citizenship legislation has been amended to support Canada’s obligations under the Hague Convention. These obligations are reflected in the Immigration and Refugee Protection Regulations (IRPR) and the Citizenship Act and its corresponding Regulations. In a Hague Convention case, an adoption may be finalized only after the CAs of both countries involved have verified the above information (list is not exhaustive).

Hague Convention adoptions

The Hague Convention applies to intercountry adoptions where the child and the prospective adoptive parent (PAP) ^{Footnote *} habitually reside in different countries that are each party to the Hague Convention. It applies to every adoption, including intra-family or in situations where the PAP has dual citizenship. The determining factor for whether an adoption should be treated as an intercountry adoption is always the habitual residence of the PAP and child and not their nationalities.

Non-Hague Convention adoptions

The Hague Conference on Private International Law recommends that countries that have signed the Hague Convention apply the safeguards of the Hague Convention, to the extent possible, to all adoptions, even to those where the Hague Convention does not technically apply (where either one or both countries have not signed the Hague Convention).

Therefore, Canada applies, as far as practicable, the Hague Convention safeguards to every intercountry adoption, regardless of the child’s country of origin. For the current list of countries and their status in regard to the Hague Convention, refer to the status table.

United Nations Convention on the Rights of the Child

Canada is also party to the United Nations Convention on the Rights of the Child (CRC). With respect to adoptions, article 21 of the CRC affirms that, “States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration”.

The Hague Convention complements article 21 of the CRC by establishing legal and procedural safeguards to the broad principles and standards laid out in the CRC. Additionally, Canada’s commitments as a party to the CRC exist regardless of whether the child habitually resides in a country that has signed the Hague Convention.

As Canada is a signatory to both the Hague Convention and the CRC, IRCC legislation (IRPA, IRPR and the Citizenship Act) includes safeguards to ensure that the best interests of the child relative to the adoption have been assessed before granting permanent resident status or citizenship.

For more information on the best interests of the child, see Intercountry adoptions: Best interests of the child.

Main responsibilities for Hague Adoptions in Canada

The chart below outlines generally the important responsibilities and steps for both Canada and the country of origin, based on the articles outlined in the Hague Convention. Steps do not necessarily take place in order (e.g. #7 can take place before or after the adoption is finalized, depending on the requirements of the country of origin). Note that some of the responsibilities of the Central Authority (CA) can be delegated to a different authority or body.

Major differences in the immigration/citizenship process with non-Hague intercountry adoptions

The provincial/territorial CA would issue a Letter of No Objection (LONO) instead of the Letter (or notice) of Agreement issued for Hague adoptions.

There is no requirement to produce a Certificate of Conformity for non-Hague adoptions.

For more information on provincial notification letters, see Intercountry adoptions: Provincial notification letters PDI.

Potential risks for intercountry adoptions (higher risks for non-Hague countries)

• Children could be unjustifiably placed for adoption abroad (subsidiarity principle not applied)
• Fraudulent documents to expedite adoptions
• Risks for illicit practices, including child trafficking
• Risk that proper consents for adoption were not obtained, including informed consent of birth parents

For more information

• Intercountry adoptions: The application process
• Intercountry adoptions: General overview
• Intercountry adoptions: Provincial notification letters
• Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption
• Adopt a child from abroad