Intercountry adoptions: Provincial notification letters

This section provides information about the types of provincial notification letters issued by the province or territory’s Central Authority, in the case of an intercountry adoption, and which one is required in each circumstance.

On this page

• Provincial notification letters
  • Letter or notice of agreement
  • Letter of no objection
  • Provincial statement as conclusive evidence
  • Suspending processing after new evidence
  • Other provincial or territorial letters - Letter of no involvement
• Visa Issuance
  • Adopted children (FC9) cases from countries party to the Hague Convention
  • Children to be adopted in Canada (FC6) cases from countries party to the Hague Convention
  • Adopted children (FC9) cases from countries not party to the Hague Convention
  • Children to be adopted in Canada (FC6) cases from countries not party to the Hague Convention

Provincial notification letters

Evidence that the adoption complies with the Hague convention or with the adoption laws of the province or territory (P/T) in which the prospective adoptive parent resides is stated in writing in a provincial or territorial notification letter.

As per subsection R117(7), a letter/notice of agreement (LOA/NOA) or a letter of no objection (LONO) to an adoption issued by a P/T Central Authority must be accepted by an officer as conclusive evidence that certain requirements of the Immigration and Refugee Protection Regulations (IRPR) have been met.

In certain intercountry adoptions, a P/T Central Authority may issue a letter indicating that it was not involved in the adoption process. Known as a letter of no involvement (LONI), letter of no knowledge (LNK), or letter of no position (LNP), these letters are issued on a case-by-case basis and vary between P/T jurisdictions. While such letters may affirm that certain procedural steps were completed, they are not conclusive evidence that any IRPR requirements have been met and they indicate that the P/T has not approved the adoption. Each P/T may have specific protocols, as detailed in the P/T profiles. In these cases, the officer is required to ensure that the requirements of IRPR have been met.

Types of letters issued by the provinces and territories Central Authorities:

• letter or notice of agreement (Hague adoptions)
• letter of no objection (non-Hague adoptions)
• letter of no involvement

Letter or notice of agreement

In cases where the country of origin is a signatory to the 1993 Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention), IRCC requests the LOA/NOA from the concerned P/T Central Authority, and the P/T Central Authority forwards it to the appropriate IRCC to the visa office (a copy is also sent to the Central Authority of the child’s country of habitual residence). This letter indicates that the P/T Central Authority and the prospective adoptive parent(s) agree to the adoption. The NOA establishes that the adoption conforms to the Hague Convention and fulfils the requirements of subparagraph R117(1)(g)(ii) for a child to be adopted in Canada (FC6) or paragraph R117(3)(f) for an adopted child (FC9), in addition to a certificate of conformity for FC9 applications.

Note: In addition to the LOA (Article 17c) from the P/T Central Authority, a certificate of conformity (Article 23) from the originating country is also required when processing applications for permanent residence under the family class for adopted children (FC9) from countries that are signatories to the Hague Convention. The certificate of conformity is necessary to provide evidence that R117(1)(g)(ii) or R117(3)(f) are met.

Where a final request has been made, in the absence of this document, IRCC officers should conclude that the requirements of R117 for Hague adoptions are not met (for adoptions with countries that have ratified the Hague Convention).

Letter of no objection

In cases where the country of origin is not a signatory to the Hague Convention and the adoptive parents reside in a Canadian province or territory at the time of the adoption, a LONO is requested from the P/T Central Authority confirming that they do not object to the adoption. The LONO indicates that the P/T Central Authority agrees to the adoption and that all of the requirements of the P/T and those of the country of origin have been met. It fulfills the requirements of R117(1)(g)(iii)(B) for a child to be adopted in Canada (FC6) and R117(3)(e) for an adopted child (FC9).

With respect to adopted children, the requirement for a LOA/NOA or LONO applies only to children adopted abroad by sponsors who are habitually resident in Canada. If a sponsor habitually resides in another country and an adoption takes place in that country, P/T Central Authorities have no jurisdiction.

Other provincial or territorial letters - Letter of no involvement

When an adoption takes place without the involvement of a P/T Central Authority, the P/T may issue a letter stating that they were not involved in the adoption. These letters are issued on a case-by-case basis and may differ from one jurisdiction to the other. For example, such a letter could be called “Letter of No Involvement”, “Letter of No Knowledge”, or “Letter of No Position.”

These letters may indicate that some requirements have been met (e.g. a home study has been completed) and/or may signal that, if the child is granted permanent resident status, the adoption will be recognized in the province or territory once the child arrives in Canada. Since the P/T Central Authority was not involved in the adoption process, such letter is not conclusive evidence that any requirements of the IRPR have been met.

A LONI carries no legal weight or value under IRPA or IRPR. Further, these letters mean that the P/T has neither approved nor chosen to object to the adoption, which is a requirement under R117(1)(g) or R117(3). In those circumstances, the requirements of R117(1)(g) or R117(3) are automatically not met. Therefore, the officer must conclude that the requirements of R117(1)(g) or R117(3) have not been met. The officer may decide to apply exemptions on the basis of humanitarian and compassionate (H&C) grounds, should they believe there are exceptional circumstances, and then evaluate the other requirements, if applicable.

For more information regarding each provincial or territorial legislation and requirements see provincial and territorial profile.

Provincial statement as conclusive evidence

As per subsection R117(7), an LOA/NOA or LONO issued by a P/T Central Authority is to be accepted by an officer as conclusive evidence that the requirements under R117(1)(g)(iii)(A) for a child to be adopted in Canada (FC6) or under R117(3)(a) to (e) and (g) for an adopted child (FC9) have been met.

Suspending processing after new evidence

After the written statement (a LOA/NOA or a LONO) issued by the Central Authority is provided to an officer, if the officer receives evidence that any of the following requirements (the list is not exhaustive) have not been met, the processing of the application shall be suspended:

• the child was not legally available for adoption;
• the birth parents did not give their free and informed consent to the adoption;
• the adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention;
• the adoption did not create a genuine parent-child relationship; or
• the adoption was not in accordance with the laws of the place where the adoption took place.

The officer must provide that evidence to the P/T Central Authority who will either confirm or revise its written statement (see subsection R117(8) for additional details). The processing of the application shall be suspended until the Central Authority confirms or revises its written statement. If the P/T confirms that the LOA/NOA or LONO is still valid, the officer must accept it as “conclusive evidence” that the relevant requirements of the IRPR have been met.

It should be noted that the LOA/NOA or LONO does not indicate whether the otherwise valid adoption was entered into primarily for the purpose of obtaining status or privilege under the IRPA. An immigration officer is responsible for making this determination under subparagraph R117(1)(g)(i), paragraph R117(2)(b), or paragraph R117(4)(c).

Visa Issuance

Adopted children (FC9) cases where the child was adopted in a country party to the Hague Convention

Cases where, as part of an intercountry adoption, the child is adopted in another country are codified as FC9 cases in the Global Case Management System (GCMS). In these cases, a permanent resident visa (PRV) may not be issued to a child adopted from a country that has ratified or acceded to the Hague Convention without an LOA/NOA from the P/T Central Authority. However, a PRV may be issued if the officer determines that there are sufficient grounds for H&C considerations, and concludes that all of the requirements of R117(3) are not met.

When an LOA/NOA is received from the P/T Central Authority, officers must do the following:

• verify that a home study has been approved by a provincial, territorial or other competent authority;
• if satisfied with the LOA/NOA and the certificate of conformity, assess the child (applicant) against the eligibility criteria;
• verify that immigration requirements are met and the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act;
• promptly notify the P/T Central Authority by email when the child meets immigration requirements;
• verify that the sponsor has the authority to take the child to Canada once the migration office has been notified by the P/T Central Authority that the adoption procedures are complete; and
• check for additional documentation that may be required such as an exit permit issued by the authorities in the country of origin authorizing the child to leave.

The authority to take the child to Canada will be the final adoption order, once the adoption has been completed. Some countries may require additional documentation, such as an exit permit issued by the authorities in the country of origin authorizing the child to leave. All adoption cases under the Hague Convention must be approved by the Central Authority of the country of origin and the Central Authority of the receiving province or territory before a PRV may be issued. If the adoption was not approved by the P/T Central Authority (i.e. no LOA/NOA was issued), sponsors should be advised to contact the P/T Central Authority. If the Central Authority does not approve the adoption, the officer must refuse the application as it does not comply with paragraph R117(3)(f), unless the officer determines there are sufficient grounds for H&C exemption.

Adopted children (FC9) cases where the child was adopted in a country not party to the Hague Convention

Cases where, as part of an intercountry adoption, the child is adopted in another country are codified as FC9 cases in GCMS. In these cases, officers may not issue a PRV to a child adopted from a country that has not ratified or acceded to the Hague Convention without a LONO from the P/T Central Authority. However, a PRV may be issued if the officer determines that there are sufficient grounds for H&C considerations, and concludes that all of the requirements of R117(3) are not met.

Officers should verify that the child has a valid travel document and that the sponsor has the authority to take the child to Canada. A PRV should be issued if the child meets all immigration requirements. Officers should advise the P/T Central Authority that a PRV will be issued.

In cases of adoption involving countries not party to the Hague Convention, the requirements of subsections R117(2) and (3), including those pertaining to child trafficking, undue gain and adoption of convenience must be met.

When a LONO is received from the P/T Central Authority, officers must do the following:

• verify that a home study has been approved by a provincial, territorial or other competent authority;
• if satisfied with the LONO, assess the child (applicant) against the eligibility criteria;
• verify that immigration requirements are met and the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act;
• promptly notify the P/T Central Authority by email when the child meets immigration requirements;
• verify that the sponsor has the authority to take the child to Canada with the final adoption order/judgement; and
• check for additional documentation that may be required, such as an exit permit issued by the authorities in the country of origin authorizing the child to leave.

Note: There is no requirement to produce a Certificate of Conformity by the country of origin for non-Hague adoptions.

Children to be adopted in Canada (FC6) cases from countries party to the Hague Convention

Cases where, as part of an intercountry adoption, the child is brought to Canada for the adoption to be finalized are codified as FC6 cases in GCMS. In these cases, a PRV may not be issued to a child adopted from a country that has ratified or acceded to the Hague Convention without an LOA/NOA from the P/T Central Authority. However, a PRV may be issued if the officer determines that there are sufficient grounds for H&C considerations, and concludes that all of the requirements of R117(1)(g) are not met.

When an LOA/NOA is received from the P/T Central Authority, officers must do the following:

• verify that a home study has been approved by a provincial, territorial or other competent authority;
• if satisfied with the LOA/NOA, assess the child (applicant) against the eligibility criteria;
• verify that immigration requirements are met and the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act;
• promptly notify the P/T Central Authority by email when the child meets immigration requirements;
• verify that the sponsor has the authority to take the child to Canada once the migration office has been notified by the P/T Central Authority that the child’s transfer to the adoptive parents is complete; and
• check for additional documentation that may be required, such as an exit permit issued by the authorities in the country of origin authorizing the child to leave.

The authority to take the child to Canada will be the custody order/decision on the child’s placement (legal or administrative). Some countries may require additional documentation, such as an exit permit issued by the authorities in the country of origin authorizing the child to leave. All adoption cases under the Hague Convention must be approved by the Central Authority of the country of origin and the receiving P/T before a PRV may be issued. If the adoption was not approved by the P/T Central Authority (i.e. no LOA/NOA was issued), officers should send a request letter to the sponsor, advising them to contact the P/T Central Authority for the LOA/NOA. If the Central Authority does not approve the adoption, the officer must refuse the application as it does not comply with subparagraph R117(1)(g)(ii), unless the officer determines there are sufficient grounds for H&C exemption.

Note: A certificate of conformity is not required for FC6 applications as the adoption has not been finalized by the country of origin.

Children to be adopted in Canada (FC6) cases from countries not party to the Hague Convention

Cases where, as part of an intercountry adoption, the child is brought to Canada for the adoption to be finalized are codified as FC6 cases in GCMS. In these cases, officers may not issue a PRV to a child to be adopted from a country that has not ratified or acceded to the Hague Convention without a LONO from the P/T Central Authority. However, a PRV may be issued if the officer determines that there are sufficient grounds for H&C considerations, and concludes that all of the requirements of R117(1)(g) are not met.

Officers should verify that the child has a valid travel document and that the sponsor has the authority to take the child to Canada. A permanent resident visa should be issued if the child meets all immigration requirements. Officers should advise the P/T Central Authority that a PRV will be issued.

In cases of children to be adopted in Canada (FC6) from a country not party to the Hague Convention, the requirements of paragraph R117(1)(g), including those pertaining to child trafficking, undue gain and adoption of convenience must be met.

When a LONO is received from the P/T Central Authority, officers must do the following:

• verify that a home study has been approved by a provincial, territorial or other competent authority;
• if satisfied with the LONO, assess the child (applicant) against the eligibility criteria;
• verify that immigration requirements are met and the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act;
• promptly notify the P/T Central Authority by email when the child meets immigration requirements;
• verify that the sponsor has the authority to take the child to Canada via the custody order/decision on the child’s placement (legal or administrative);
• check for additional documentation that may be required, such as an exit permit issued by the authorities in the country of origin authorizing the child to leave.

Although the IRPR does not explicitly require that there be a home study in cases where the child is to be adopted in Canada, the Hague Convention requires that the Central Authority in the receiving state ensure that prospective adoptive parents are eligible and suitable to adopt. Provincial and territorial Central Authorities normally require that prospective adoptive parents residing in Canada undergo a home study either for adoptions completed in the state of origin or in their province or territory, and that the provincial or territorial Central Authority confirm that a home study has been completed in their LONO or LOA/NOA.

The spirit of the Hague Convention must also be respected in non-Hague Convention cases. As a result, the requirements involving the best interests of the child in subsection R117(3) must be taken into account for non-Hague Convention FC6 cases.