Sponsoring dependent adopted child from India

[mail2adugani]

Does anyone have an idea about sponsoring an adopted child from India?

My brother and his wife holds a PR status in Canada, presently living in India and planning to move to Canada soon. My brother adopted a child from known relative under HAMA act as it widely accepted in India. However, Canadian authorities has suspended accepting adoption under HAMA act. Canadian authority are expecting the parents to processes the adoption through CARA following Hague convention rule.

https://www.canada.ca/en/immigratio...anadians/adopt-child-abroad/restrictions.html

My question
As adoption has already taken place under HAMA act, is it fine to get NOC from CARA not support letter in addition to HAMA documentation to sponsor the child? Does my brother needs to initiate complete CARA process as it months together?

 

[canuck78]

Does anyone have an idea about sponsoring an adopted child from India?

My brother and his wife holds a PR status in Canada, presently living in India and planning to move to Canada soon. My brother adopted a child from known relative under HAMA act as it widely accepted in India. However, Canadian authorities has suspended accepting adoption under HAMA act. Canadian authority are expecting the parents to processes the adoption through CARA following Hague convention rule.

https://www.canada.ca/en/immigratio...anadians/adopt-child-abroad/restrictions.html

My question
As adoption has already taken place under HAMA act, is it fine to get NOC from CARA not support letter in addition to HAMA documentation to sponsor the child? Does my brother needs to initiate complete CARA process as it months together?

If the child’s parents are still alive no matter how they adopted probably won’t make a difference. This will be deemed an adoption of convenience by IRCC. There are some exceptions for example if there is well documented proof that the child was removed from the parents by the state because the biological parents were deemed unfit to care for the child IRCC may consider the adoption even though the biological parents are alive. They need to speaking with a Canadian immigration lawyer about their exact situation. Sadly this should have happened before they adopted the child in India because there is a very good chance that the child will not be able to move to Canada. The other big issue is their ability to meet their RO. When did they land in Canada as PRs? They adopted this child in India after obtaining PR if the child wasn’t part of their PR application which also tends to reinforce that immigration to Canada likely played an important role when it comes to why the child was adopted.