Senate urged to give children adopted from overseas the same citizenship rights as those born in Canada 

Perhaps I am a bit thick, but parents of foreign-born adoptees have to commit to raising their adopted child in Canada and thus would most likely meet the residency requirement of 1,095 days within a five-year period.  

The direct route to citizenship for adoptees was in response to parental pressure to have a faster route than PR sponsorship. But making that choice meant the adopted child was considered the first generation born abroad, like any naturally born child born abroad.

Appears more a matter of identity and convenience rather than fundamental practicalities to me:

….Two lawyers specializing in citizenship have submitted a briefing paper to the Senate committee, which will consider Bill C-3 this week. They argue that the bill should exempt children adopted from abroad from the substantial-connection test. 

The paper’s co-author, Toronto lawyer Sujit Choudhry, who filed the successful constitutional challenge to the Citizenship Act on behalf of Lost Canadian clients, said it is “deeply unfair to the families of these children to treat them differently than children adopted domestically.”

“It also violates Canada’s international treaty obligations and the Charter,” he said in an e-mail. 

Its other author, immigration lawyer Maureen Silcoff, suggested that unless Immigration, Refugees and Citizenship Canada addresses the issue it could face a legal challenge. 

“IRCC is fully aware of the issue. Adoptive parents and MPs have been advocating on their behalf for years. We do not understand their reluctance to address this issue at this moment, when C-3 is before Parliament. Amending C-3 would avoid unnecessary litigation.”

Don Chapman, a leading advocate for Lost Canadians, who is giving evidence to the Senate committee this week, said, “I don’t want to leave any child behind.” 

But he expressed concern that amending the bill in the Senate may lead to it being held up when it returns to the Commons. …

Source: Senate urged to give children adopted from overseas the same citizenship rights as those born in Canada