Calls for a foreign-adopted children citizenship exemption gained momentum this week as legal experts urged a Senate committee to amend Bill C-3. The bill, which updates Canada’s citizenship rules, currently applies a substantial-connection test to children adopted abroad but not to those adopted domestically. Lawyers argue this creates an unfair double standard that may violate both the Charter and Canada’s international obligations, leaving many families concerned as the legislation moves through Parliament.

Why Bill C-3 Has Sparked a National Debate

Bill C-3 aims to clarify citizenship for Canadians born abroad and set criteria for passing on citizenship to the next generation. But the substantial-connection test, which requires a foreign-born child to demonstrate ties to Canada before being granted citizenship, has become a central point of tension.

Legal specialists say the test places unnecessary burdens on parents who already commit to raising their adopted children in Canada. Many argue that these families will naturally meet residency expectations once they settle, making the test redundant and unfair.

Others note that domestic adoptions face no such requirement, creating two different standards for children who end up growing up in the same country under the same parents.

What Experts Are Asking the Senate to Change

Two immigration and citizenship lawyers, Sujit Choudhry and Maureen Silcoff, submitted a detailed briefing paper to the Senate committee this week. Their position is clear: children adopted abroad should be exempt from the substantial-connection requirement altogether.

Their briefing highlights several concerns:

• The rule creates a distinction between domestic and international adoptions.
• It risks violating the Charter’s equality provisions.
• It may conflict with Canada’s commitments under international treaties.
• It exposes the government to potential litigation.

Choudhry, who previously won a constitutional challenge on behalf of Lost Canadians, called the rule “deeply unfair,” emphasising that foreign-adopted children should not be treated differently from children adopted within Canada.

Silcoff added that adoptive parents and Members of Parliament have raised this issue repeatedly for years, questioning why it remains unresolved when the bill is already before Parliament.

Concerns About Timing and Legislative Delays

Not everyone agrees that amending Bill C-3 at this stage is risk-free. Some advocates worry that making changes in the Senate could delay the bill when it returns to the House of Commons.

Don Chapman, a longtime advocate for Lost Canadians, told the committee that his priority is ensuring no child is left behind. However, he also warned that revising the bill now could slow its progress, prolonging uncertainty for families waiting for clarity on citizenship.

Still, many experts argue that addressing the issue immediately will save time, prevent litigation, and give adoptive families certainty before the new rules take effect.

Why the Foreign-Adopted Children’s Citizenship Exemption Matters

A Practical Issue for Families

Families adopting internationally already follow extensive processes through both Canadian and foreign authorities. Once the child arrives in Canada, the parents are responsible for meeting residency requirements and supporting the child’s integration.

Legal experts say the substantial-connection test does not reflect the lived reality of these families.

A Matter of Fairness and Rights

Supporters of the exemption stress that children adopted abroad become part of Canadian families the moment they arrive. Treating them differently from domestically adopted children raises questions about equality and fairness under Canadian law.

Potential Impact on Future Citizenship Cases

Without a clear exemption, families could be forced into lengthy legal battles. Advocates argue that adopting a straightforward amendment now would prevent confusion and uphold Canada’s values toward children and families.

What Lies Ahead for the Foreign-Adopted Children’s Citizenship Exemption

The future of the foreign-adopted children citizenship exemption now rests with Senate decision-makers as Bill C-3 moves forward. Whether the committee proposes changes or maintains the current wording, the debate has made one thing clear: adoptive families want a system that treats all children equally and avoids unnecessary legal hurdles. The coming weeks will determine whether the final version of the bill reflects these concerns. If you’re affected by Bill C-3 or planning an international adoption, ImmigCanada’s regulated experts can help you understand the latest rules, prepare your documents, and protect your child’s citizenship pathway. Contact us today for personalized guidance.