Adopting Dominican-born son

[trina]

I'd originally posted this in another thread, but thought I'd re-post it to see if I might be able to solicit more help.

It's a little confusing, so I'll try to explain it best as I can without going into too many details.

I married a man from the Dominican Republic, and we brought his biological son (also a Dominican citizen) here to Canada to live with us. The child has been living with us since he was 7. The mother has had no contact with her biological son, who is now 14.

My soon-to-be ex-husband violently abused his child and myself, and was criminally charged and convicted for this abuse. We separated, and now are working through quite a messy divorce. I went to court here in Canada and was granted full guardianship and parental rights of all three children (including step-son), based on the fact that my stepson has a voice in court and I have been the only mother he has known for over 7 years.

Now I would like to adopt him, so that he can become a Canadian citizen and reap the benefits of this citizenship. He could rightfully apply when he is 18, but I would like to save him going through this process. I cannot sponsor him to be a Canadian citizen unless I adopt him.

The father would never grant permission for this adoption, and the mother - God only knows how I'd even find her.?.

Any thoughts on where I would even start this process? Being that he has lived here for the past 7 years, would I need to go through Dominican law, or would it be based on his current residence, in Canada?

Any help would be appreciated.

Thank you!

[playacaribe2]

Canadian law would control here and thus a family law attorney in Canada would be your best source of info as to how to proceed.

Courts in most jurisdictions are loathe to terminate parental rights (and allow you to adopt), absent some overwhelming compelling reason. And, since the father and mother are still alive, you may run into issues there under both Canadian and Dominican law.

That having been said, your best course of action will probably be to apply to become temporary guardian/permanent guardian of the child until he is legally able to make his own decisions.

At that point, without the need to involve either parent, the child could become your adopted son or apply for citizenship on his own.


Respectfully,
Playacaribe2

Originally Posted by trina

I'd originally posted this in another thread, but thought I'd re-post it to see if I might be able to solicit more help.

It's a little confusing, so I'll try to explain it best as I can without going into too many details.

I married a man from the Dominican Republic, and we brought his biological son (also a Dominican citizen) here to Canada to live with us. The child has been living with us since he was 7. The mother has had no contact with her biological son, who is now 14.

My soon-to-be ex-husband violently abused his child and myself, and was criminally charged and convicted for this abuse. We separated, and now are working through quite a messy divorce. I went to court here in Canada and was granted full guardianship and parental rights of all three children (including step-son), based on the fact that my stepson has a voice in court and I have been the only mother he has known for over 7 years.

Now I would like to adopt him, so that he can become a Canadian citizen and reap the benefits of this citizenship. He could rightfully apply when he is 18, but I would like to save him going through this process. I cannot sponsor him to be a Canadian citizen unless I adopt him.

The father would never grant permission for this adoption, and the mother - God only knows how I'd even find her.?.

Any thoughts on where I would even start this process? Being that he has lived here for the past 7 years, would I need to go through Dominican law, or would it be based on his current residence, in Canada?

Any help would be appreciated.

Thank you!

[margaret]

Originally Posted by trina

I went to court here in Canada and was granted full guardianship and parental rights of all three children (including step-son), based on the fact that my stepson has a voice in court and I have been the only mother he has known for over 7 years.


The father would never grant permission for this adoption, and the mother - God only knows how I'd even find her.?.

Any thoughts on where I would even start this process? Being that he has lived here for the past 7 years, would I need to go through Dominican law, or would it be based on his current residence, in Canada?

Any help would be appreciated.

Thank you!

That's tough situation. At least you have custody and guardianship. I found this about Ontario:

Consent of parent, etc.

(2) An order for the adoption of a child who is less than sixteen years of age, or is sixteen years of age or more but has not withdrawn from parental control, shall not be made without,

(a) the written consent of every parent; or

(b) where the child has been made a Crown ward under Part III (Child Protection), the written consent of a Director. R.S.O. 1990, c. C.11, s. 137 (2).

Ref: CanLII - Child and Family Services Act, R.S.O. 1990, c. C.11

Maybe he would have to be made a Crown ward first and then you could adopt him. See a lawyer.

If you wait until he's 19, you can adopt him without parental consent since you have a long established relationship and he'll be an adult who can choose his own family.

Best of luck Trina. Is it the passport that's an issue? What other Canadian citizenship rights would be worth the legal costs?

[Charlielyn]

Trina, I am glad that you are finally telling your story on the DR1. My heart goes out to you for all that you have endured over the last few years. I hope that all works out for you.

[trina]

Originally Posted by margaret

That's tough situation. At least you have custody and guardianship. I found this about Ontario:


Ref: CanLII - Child and Family Services Act, R.S.O. 1990, c. C.11

Maybe he would have to be made a Crown ward first and then you could adopt him. See a lawyer.

If you wait until he's 19, you can adopt him without parental consent since you have a long established relationship and he'll be an adult who can choose his own family.

Best of luck Trina. Is it the passport that's an issue? What other Canadian citizenship rights would be worth the legal costs?

Thanks Margaret, I think the laws would be rather similar between Ontario and Alberta, where I live. My divorce lawyer is currently looking into it, but I think it's probably a really complicated situation for anyone to handle, and he's procrastinating any efforts.

If I wait until he's 19, I wouldn't really be doing him any favours. The purpose is to give him Canadian Citizenship automatically because he would then be my son. At the age of 18, he can apply on his own, but there are costs, exams, waiting periods, etc. I would rather he didn't have to go through all that, but I may have no choice.

Angelo has been abandoned by his two biological parents. I guess one reason for adopting him is to give him more of a sense of security, like I'm not going anywhere, no one is ever going to abandon him again. I have full guardianship and parenting rights, so it may be easier than I think. Right now, the idea is still quite overwhelming.

Another reason I want him to have Cdn citizenship is because he's a really great baseball player. His team has the talent to go to the Canadian Junior championships, and quite possibly, the Little League World Series. Having a Dominican passport, then I would have to get him a visa, which I can't forsee a problem, but it's just a lot of red tape, translation of Dominican documents, etc. that I don't want to go through. I'd like to take him to Disneyworld, Mexico, and other places, and not have the hassle, but I guess there would probably be more hassle trying to adopt and get citizenship with his absentee or unwilling biological parents.

Thanks for your support.

[trina]

Originally Posted by Charlielyn

Trina, I am glad that you are finally telling your story on the DR1. My heart goes out to you for all that you have endured over the last few years. I hope that all works out for you.

Thanks Linda. I'm told that what doesn't kill you makes you stronger. I have three beautiful boys that were a product of my marriage and for that, a part of me will be eternally grateful. The situation with my ex is messy and getting a divorce has been a bit of a battle, but hopefully soon, this nightmare will be behind me. The sooner the better, so we can all move on and be happy.

[trina]

Originally Posted by playacaribe2

Canadian law would control here and thus a family law attorney in Canada would be your best source of info as to how to proceed.

Courts in most jurisdictions are loathe to terminate parental rights (and allow you to adopt), absent some overwhelming compelling reason. And, since the father and mother are still alive, you may run into issues there under both Canadian and Dominican law.

Hopefully, for our sake, abandonment and abuse fall under the category of "overwhelming compelling reason". I am glad to hear Canadian law would control, I thought so, he has definitely established residence here. I think I could convince the mother to allow me to adopt him, it is just that I don't think I could ever find her. Being that the father was criminally charged, convicted, and plead guilty to abusing the said child, I may not have to legally seek his approval.

[AnnaC]

Trina with a Canadian PR which Angelo should have by now he doesn't need a visa to go to Mexico and it won't be hard to get him a US visa. He's been in Canada for 7 years, I think they would give him the 10 year US visa.

Yes I understand the frustrations you are having with the rest


Trina I found this http://www.cic.gc.ca/english/informa...dopt-faq03.asp not sure if it will help at all.

[trina]

Yes, I think a US visa would probably be pretty easy for him to obtain. As for the cic link, I believe that it only applies to biological parents (at least, that is what I was told by an Immigration agent over the phone). I have full parental rights, but unfortunately for me, I am not his biological mother.

[trina]

As well, he has the Canadian PR card, but still has to travel on his passport, which has to be renewed every few years, and takes about 6 months to get, unfortunately. And I'm a little behind on that right now.