Just finished a radio interview with Dan Sidhu here in Calgary on Fairchild Radio 94.7. Obviously the topic was immigration law. We tried to cover a couple of general areas - such as criminal inadmissibilty and removals of permanent residents, but got busy just taking calls. Most of questions (of course from the Punjabi community) were about sponsorship applications and processing times. One call was about a failed adoption from India. Just looking at a recent memo prepared by our office indicates the difficulty and complexity (now more than ever) in an adoption scenario.
Essentially, both Canada and India are contracting parties to the Hague Convention (an international treaty). Basically Canada willn ot approve an inter-country adoption without adherence to the Convention. If adoptive parents are successful in compelting the adoption process -- remember this has to be in accordance with India's domestic law (for Christians, Sikhs and Hindus, its the Hindu Adoption and Maintenance Act) appears to only allow a guardianship order to be issued. The child then needs to be adopted once the child is in Canada and within 2 years of the guardianship order.
However, Canadian immigration law is problematic. Under current wording, if both countries are party to the Convention, adoptive parents must have adoption approval in writing from both countries. Given that Indian authorities will issue only guardianship orders, it seems that there is a significant and perhaps insurmountable obstace.
I welcome any differing opinion or comment. The Hague Convention has been in effect in India since 2003, and this issue will seem to apply to adoptions after occur subsequent to the ratification.