Not really equal ...

(warning: long, somewhat complicated rant about the rights or lack thereof of our adopted daughter. But, ya, it is important)

When I became the adoptive mother of a child from a different country I was prepared for the inevitability that at some point I would have to crawl out of my cocoon of white privilege and advocate for her. I just didn't realize it would have to be against my own government.

At the time when we adopted our daughter we had to apply to sponsor her to immigrate to Canada. When she landed in a Canadian port of entry she was granted permanent resident status (by virtue of being the legal child of Canadian parents) and then we had to apply for her Canadian citizenship. While adopted children's applications were expedited (and the normal three year wait was waived) it was added stress and bureaucracy that many adoptive parents felt that they shouldn't have to endure (heavens know we'd already been through enough). If we had received government approval to adopt these children and they are legally ours in every sense why would they not be afforded the same rights as our biological children and given automatic citizenship? Many other countries, such as the United States, were already recognizing this right for their internationally adopted children. Finally in January of last year a great deal of lobbying paid off and the government began granting automatic citizenship to the internationally adopted children of Canadian citizens.

Unfortunately it seems the equality of rights for our biological daughter and our adopted daughter will be short lived. As of April the federal government will be enacting new citizenship legislation. A major part of this legislation addresses Canadians who were born in another country.

Up until now, children born to Canadian citizens, regardless where these children were born, were granted automatic citizenship. This has become problematic for the government. There are those who have abused this privilege. They will immigrate here, obtain citizenship and all of the rights and benefits that it affords, but then return to their country of birth. They will have children, who are automatically Canadians. These people may never reside in our country again, but will demand assistance in times of crisis. They may come here for free health care if they have a serious medical situation. This is taking advantage of the system and I understand the government's desire to quash this type of abuse. This is the impetus behind the legislative changes that are about to come into effect. But the careless, lazy way the new law has been written will impact upon our youngest daughter.

The new law states that if someone is a Canadian citizen, but was born outside of Canada any children that are born to them outside of our borders or adopted from a birth country outside of Canada will not be granted citizenship. The legislation even goes so far as to specifically mention that this applies to children born in other countries who are adopted by Canadians. In other words, if in the future our biological daughter gives birth while outside of Canada or adopts a child born outside of Canada her child will automatically be a Canadian. If, on the other hand, our legally adopted, supposedly equal in every way, daughter gives birth while outside of Canada or adopts a child born outside of Canada her child will not be granted citizenship. This is ridiculous. Our children are being raised side by side within the borders of our country. They will both hopefully become contributiging members of Canadian society. But, because our adopted daughter happened to be born somewhere else she does not share the same rights as her sister.

There are absolutely no provisions in this legislation regarding residency or ties to Canada (ie. having Canadian parents). The government will not take into consideration the fact that my daughter is living here and is in every way a member of Candian society. She will be classed the same as the system abuser who has obtained citizenship and returned to their country of origin.

You might think "what's the big deal?" "What are the odds that she will have a baby while working or travelling abroad?" Probably not great. What are the odds she will adopt? Pretty reasonable. Many adult adoptees do. But the bigger issue is equal rights. It's the principle.

When we were granted approval from the province of Ontario to adopt our daughter we received a letter. In that letter there were two lines that struck me. They read:
"Once the adoption is finalized, Ontario legislation recognizes the child as a full member of the adopting family and as such the child is treated in the same manner as all other children of legally constituted families. Ontario welcomes the child from China ..." It is hurtful and maddening that our federal government does not seem to share the same sentiment towards our daughter.