Dear Mr Brown,

I am a Jamaican woman who gave my daughter up for adoption when she was eight years old to a friend in Canada. My daughter is now 32 and filed for me to become a permanent resident under Family Class. The application was rejected because she was adopted. Please help me understand the decision. We are very upset at this decision.

— BB

Dear BB:

Under the Family Class, a Canadian citizen or permanent resident may sponsor the following persons to become permanent residents, namely:

1. Spouses, common-law partners (persons who are cohabiting in a conjugal relationship with another person for a period of at least one year) and conjugal partners (foreign nationals residing outside Canada who are in a conjugal relationship with sponsors in Canada for a period of at least one year).

2. Dependent children under the age of 19, or if at the age of 19 or older when the visa is issued they may still be included as part of the parent’s application as an accompanying dependent, due to physical or mental conditions.

3. Children intended for adoption.

4. Parents, grandparents, and their dependent children.

5. Brothers, sisters, nephews, nieces, or grandchildren if they are orphaned, without a spouse or common law partner and under 18; and

6. Any relative if the sponsor is alone in Canada and has none of the above family members to sponsor.

The effect of adoption

Adoption is the legal process in which a child’s legal rights and duties towards natural or biological parents are terminated, with the corresponding substitution of similar rights and duties towards the adoptive parents. This process creates a genuine parent-child relationship that permanently severs the legal ties to the child’s biological parents or guardians.

Biological parents have the right to make decision regarding the care of their children, such as general well-being, education, as well as health and development. Of course, parental decisions must be made in the best interests of the child. I trust that it was in this light that you may have decided that giving your child up for adoption was in your child’s best interest. However, as a matter of law, when the adoption process was finalised, you voluntarily terminated all of your parental rights and legal relationship. Therefore, even though you still maintain a deep personal and social relationship with your child, you would no longer meet the definition to be considered Family Class due to the severance of your parental ties through the adoption.

It is unfortunate that you may not have understood the ramifications of the adoption. However, I hope you understand the rationale.

Please visit jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work programme, Visitor’s visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM-a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com