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New Regulations and Children... EXPERTS??

chelley

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Apr 4, 2009
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A post on another thread got me thinking... Since these new regulations are going thru regarding proving not only a genuine relationship but also that the relationship was not entered into for immigration purposes apply to adoption, how will they apply to biological but non-custody children of the applicant...

It's not unheard of for mothers to give up custody to immigrating fathers (i think this is probably the most common scenerio but it could of course work the other way ) even if there isn't a strong relationship between the parent and child... Just so the child can have a better life.. If this is obviously the case could the application be refused? And would that be the entire application or just the child? Curious how it will impact situations like this... Will they require parents to prove their relationships with their children now too? And how? Would DNA suffice or would they have to convince immigration of a true parent child bond?

just wonder if anyone has any thoughts or concrete knowledge how those with children on the application might be processed differently now... i know at first thought, it's a biological child to the applicant, it should be straight forward.... but CIC has denied applications with biological children between the spouse and the applicant, so is it so far-fetched that they'd look at "step" children differently further if they have the tools (do these regulations give them the tools?) or am i just completely overthinking it?

anyone?
 

matthewc

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Jan 18, 2010
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The regulation change doesn't alter the definition of dependent child. It does clarify the requirements for adoption (and there are rules disallowing adoptions of convenience), however I don't think there is anything that would prevent one parent from allowing the other parent full custody for immigration purposes, as long as the immigrating parent is genuinely the biological parent of the child. Occasionally they do require DNA proof of a biological parent-child relationship.
 

somayeh

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Feb 20, 2010
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matthewc said:
The regulation change doesn't alter the definition of dependent child. It does clarify the requirements for adoption (and there are rules disallowing adoptions of convenience), however I don't think there is anything that would prevent one parent from allowing the other parent full custody for immigration purposes, as long as the immigrating parent is genuinely the biological parent of the child. Occasionally they do require DNA proof of a biological parent-child relationship.
Could someone please provide a reference to this new regulation? I've heard of it but don't know the details and am curious to see if it in any way affects adoptions from abroad.

Thanks!
 

matthewc

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Jan 18, 2010
592
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Grimsby, ON
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Actual regulation changes:

http://gazette.gc.ca/rp-pr/p1/2010/2010-04-03/html/reg1-eng.html

CIC's operational bulletin when the changes came in to force:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob238.asp