International adoption
Countries that prohibit adoption - Kafala
Moratorium on new international adoption files
A moratorium on international adoptions with certified bodies is in force. The opening of new files is suspended.
However, files submitted without certified bodies, in the circumstances expressly provided for by regulation, as well as files with certified bodies that are already open are exempt from this measure and will continue to be processed as planned. For more information on cases where adoption without an accredited agency is possible, see the page International adoption without a certified body.
Before any adoption procedures are undertaken, they must be authorized by the Secrétariat aux services internationaux à l’enfant (SASIE). Without this authorization, they will not be recognized: no adoption or immigration approval will be granted, and the child will not be able to obtain the right to live permanently in Canada. These rules exist to ensure that every adoption takes place within a legal and safe framework and, above all, in the best interests of the child.
Adoption is prohibited in most countries whose judicial system is based fully or partly in Islamic law. Those countries have other measures for protecting children, the best known being& kafala.
Kafala is generally defined as a voluntary commitment to take charge of the needs, upbringing and protection of a minor child. In certain cases, kafala is combined with tutorship. As kafala does not create a legal parent-child relationship between the child who is taken in charge and the person holding the right, it cannot be considered adoption. In fact, kafala is not covered by the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, which applies only to adoptions that create a permanent parent-child relationship (Article 2).
Québec residents may adopt only children who are domiciled in, or habitually reside in, a State that recognizes adoption as defined in the Hague Convention. In matters of international adoption, Québec legislation specifically requires that the current legislation of the child's country of origin be taken into consideration. That makes it impossible to adopt children from countries that prohibit adoption, regardless of whether they are protected under kafala. This explains why no agencies have been certified to arrange adoption, for residents of Québec, in countries where the kafala system exists.
Since children from those countries cannot be adopted, they also cannot be sponsored for immigration purposes. In addition, neither Canadian nor Québec legislation provides for the immigration of children who are under legal tutelage.
Would-be adoptive parents are therefore encouraged to look to countries that allow adoption and for which an adoption agency has been certified by the Québec Minister of Health and Social Services.
For all information, contact the Secrétariat à l’adoption internationale (SAI).
Last update: June 11, 2024