Can You Get Canadian Citizenship by Descent If Your Adoptive Parent Is Canadian?

If you're adopted by a Canadian citizen, you might be eligible for Canadian citizenship, yes, but there are specific rules you need to follow. In this blog, we’ll break down how citizenship by descent works in adoption cases, what the eligibility requirements are, and how to apply. Whether you’re adopted from abroad or within Canada, this guide simplifies the legal process so you can understand your rights and next steps.

What Is Citizenship by Descent in Canada?

Citizenship by descent means becoming a Canadian citizen because one of your parents was a Canadian at the time of your birth, even if you were born outside of Canada. Normally, this applies only to biological children, but Canada also allows adopted children to become citizens under specific conditions.

There are two main ways adopted children can become Canadian citizens:

1. Citizenship by descent through the direct grant process (Section 5.1 of the Citizenship Act)
   
   
2. Applying for permanent residence first, then applying for citizenship
   
   

Let’s focus on the citizenship grant process, which is most relevant if your adoptive parent is Canadian.

Can Adopted Children Get Canadian Citizenship Automatically?

No. Unlike biological children born abroad to Canadian parents, adopted children do not automatically become Canadian citizens. However, they can apply for a direct grant of citizenship, which means they can become citizens without having to live in Canada first.

Who Is Eligible for Citizenship by Descent Through Adoption?

To be eligible, all the following must be true:

• You were legally adopted by a Canadian citizen (either inside or outside Canada)
• The adoption was in the best interest of the child and created a genuine parent-child relationship
• The adoption was not primarily for the purpose of acquiring Canadian citizenship
• The adoption is recognized legally in both the country where it took place and in Canada
• If the adoption occurred outside Canada, at least one adoptive parent was a Canadian citizen at the time of adoption

Important: If you were adopted before January 1, 1947, special rules apply.

Does the Adoptive Parent Need to Be Born in Canada?

No. The adoptive parent just needs to be a Canadian citizen at the time of adoption. They could have acquired citizenship through birth, naturalization, or even by descent themselves.

However, Canada has a "first generation limit" rule:

• If the Canadian adoptive parent was also born outside Canada to Canadian parents, they may not be able to pass on citizenship to a child adopted abroad.
• This is because citizenship by descent is generally limited to only one generation born abroad.
• This law is expected to change at the end of 2025 based on litigation wherein the court determined the first generation limit to be unconstitutional. 

What If You're Already in Canada?

If you're an adopted child already living in Canada but don’t have citizenship yet, you might already have permanent resident status. In this case, you can apply for citizenship after meeting the residency requirements: usually 1,095 days (3 years) of living in Canada within a 5-year period.

But if you haven’t yet been granted permanent residence or want to avoid that route, the direct grant of citizenship is your fastest option, no need to wait or live in Canada first.

How to Apply for Canadian Citizenship Through Adoption

Here’s a simplified breakdown of the application process:

1. Get the adoption finalized: Must be legally recognized in both countries

2. Gather required documents, such as:

• Proof of Canadian citizenship of adoptive parent
  
  
• Adoption order
  
  
• Proof of legal custody (if applicable)
  
  
• Consent forms (if under 18)
  
  

3. Complete the Application for Citizenship for Persons Adopted by Canadian Citizens [CIT 0010]

4. Pay the application fee: Currently $100 CAD

5. Submit your application to IRCC (Immigration, Refugees and Citizenship Canada)

Once approved, a citizenship certificate will be issued, and you will be officially recognized as a Canadian citizen.

How Long Does the Process Take?

According to IRCC, processing times for adoption-based citizenship applications can vary, but typically range from 12 to 24 months. It depends on whether the adoption took place inside or outside Canada, and how complete your application is.

Pro Tip: Submit all required documents upfront to avoid delays.

Can the Citizenship Be Passed On?

If you’re granted Canadian citizenship through adoption and were born outside Canada, you are subject to the first-generation limit. This means you cannot pass citizenship on to your own children born outside Canada. This is expected to change towards the end of 2025. 

Real-Life Example

Let’s say Ana was born in the Philippines and adopted at age 10 by a Canadian citizen living in Toronto. The adoption was finalized legally in both countries. Ana's adoptive mother was born in Canada, so Ana qualifies for citizenship by descent through adoption. After applying and being approved, Ana receives her citizenship certificate without needing to live in Canada first.

Conclusion: Citizenship by Descent Is Possible for Adopted Children

If your adoptive parent is a Canadian citizen, you can get Canadian citizenship by descent, but it's not automatic. You'll need to apply through the correct legal channels and meet specific criteria. Whether you're still abroad or already in Canada, understanding your options can help you take the next step toward citizenship.

Need help with the application or legal advice on your eligibility? We’re here to guide you.

Schedule a strategy session today and speak with a licensed immigration lawyer who can help you navigate the citizenship process with confidence.