Two cousins are born eight days apart in Dubai, each to a Canadian mother who was herself born in London. The one born on December 10, 2025 is, in most cases, Canadian automatically. The one born on December 18 is Canadian only if her mother can prove at least 1,095 days in Canada before the birth.
That is the newest rule in children's paperwork. Every children's file turns on two questions: who are this child's legal parents, and who may move the child? Birth certificates and adoption orders answer the first; custody orders and consent declarations answer the second. Most were issued abroad, so most need translating.
This guide covers dependent children, the parent who stays behind, adoption, and proof of citizenship for children born abroad, as the rules stand in October 2026.
Who counts as a dependent child for IRCC?
A dependent child is a biological or adopted child under 22 who is not a spouse or common-law partner. A child aged 22 or older also qualifies if they have "depended substantially on the financial support of the parent since before attaining the age of 22" and cannot support themselves "due to a physical or mental condition." That is section 2 of the Immigration and Refugee Protection Regulations.
Four details decide most borderline cases:
- Age is locked in. A dependent child's age "is locked in on the application's received date." A child who turns 22 during processing still qualifies if unmarried and not in a common-law relationship when permanent residence is confirmed.
- Marital status is not. A child who marries or starts a common-law relationship during processing stops being a dependant.
- Adoption by someone else breaks the link. A biological child adopted by anyone other than the parent's spouse or partner no longer counts.
- Over 22 means two kinds of proof: evidence of the condition, and of financial support continuous since before 22.
For surrogacy abroad, IRCC treats a child as biological only where there is a genetic or gestational link.
Which documents does IRCC need for each child?
IRCC's permanent residence document lists ask for "birth certificates showing parents' names," "proof of full custody for children under 18" and "legally approved adoption papers from recognized authorities." In practice:
| Document | When it is needed | Translation notes |
|---|---|---|
| Birth certificate naming the parents | Every child | Both parents' names, registry office, entry number, registration date, marginal notes |
| Custody order or agreement | Children under 18 | The whole judgment, including reasons, dates and seals |
| IMM 5604, with a copy of the other parent's signed photo ID | Each child, when the other parent is not coming | Any foreign notary stamp on the form, and the ID itself |
| Adoption order and original birth certificate | Adopted children | Court, case number, date the adoption became final, all parents' names |
| Police certificate | Children aged 18 or older | One for each country where they lived 6 months or more in a row since 18 |
| Medical and financial evidence | Dependants aged 22 or older | Diagnosis, dates and proof of continuous support |
What if the other parent is not coming to Canada?
You need form IMM 5604, the Declaration from Non-accompanying Parent/Guardian for Minors Immigrating to Canada, for each child, plus "a copy of the non-accompanying parent's photo ID with signature."
The parent who stays behind signs it before a notary public and acknowledges that they "may be permanently separated" from the child. One form covers one child.
Translation catches people out here. A notary abroad often adds a stamp or certificate in the local language, and IRCC requires every stamp and seal not in English or French to be translated, as well as a foreign-language ID card.
The declaration does not replace custody documents, and a custody order is translated in full, reasons included. If the other parent refuses to sign or cannot be reached, speak to a lawyer before filing.
Do I have to declare a child who is staying behind?
Yes. Under paragraph 117(9)(d) of the Regulations, a child who was "a non-accompanying family member of the sponsor and was not examined" when you immigrated can never be sponsored by you in the family class.
A temporary public policy lifted the bar where the sponsor had immigrated as a refugee or protected person, or as a sponsored spouse, partner or dependent child. It ended on September 10, 2026, and covers only eligible applications received between May 31, 2019 and that date.
Adopted children: citizenship route or immigration route?
Start with your province or territory, which is responsible for the adoption itself; its central adoption authority is the first contact. Then choose a route:
- Citizenship route: a direct grant, open when at least one adoptive parent was a Canadian citizen at the time of adoption. Part 1 (CIT 0010) confirms the parent's citizenship; Part 2 (CIT 0012) assesses the child and needs an adoption order, judgment or certificate showing the child's name, date and place of birth and the adoptive parents' names, plus the original birth certificate naming the biological parents if available.
- Immigration route: sponsorship for permanent residence, with a medical exam. It applies when neither parent was a citizen at the time of adoption, when the limits on citizenship by descent apply, or when the child's country requires a probationary period.
For adoptions on or after December 15, 2025 by a Canadian parent born or adopted abroad, the citizenship route depends on that parent's 1,095 days in Canada before the adoption. See adoption documents translation.
Is a child born outside Canada to a Canadian parent a citizen?
Usually, but it now depends on where the Canadian parent was born and when the child was born.
From April 17, 2009, citizenship by descent stopped at the first generation born abroad. On December 19, 2023, in Bjorkquist et al. v. Attorney General of Canada (2023 ONSC 7152), the Ontario Superior Court of Justice declared key provisions of that limit unconstitutional. The government did not appeal and introduced an interim measure in March 2025. Bill C-3 received Royal Assent on November 20, 2025 and came into force on December 15, 2025.
| Child's situation | Canadian citizen? | What to file |
|---|---|---|
| Born abroad to a parent born in Canada, or naturalized before the birth | Yes | Citizenship certificate (CIT 0001) |
| Second generation or later, born abroad before December 15, 2025 | In most cases yes, automatically | Citizenship certificate |
| Born abroad on or after December 15, 2025 to a Canadian parent who was also born or adopted abroad | Only if a Canadian parent had 1,095 days of physical presence in Canada before the birth, or a Crown-servant exception applies | Citizenship certificate, with form CIT 0555 and proof of presence |
| Parent became a citizen only after the birth | No, not by descent | Permanent residence, then a grant of citizenship |
The 1,095 days are cumulative. The Library of Parliament notes they "do not need to be accumulated within a specific time frame," provided they come before the birth or adoption.
How do I get proof of citizenship for a child born abroad?
Apply for a citizenship certificate ($75 fee). You then use it to apply for the child's Canadian passport; the certificate itself is not a travel document.
- Choose online or paper. The online application covers simpler cases, such as a Canadian parent born in Canada on or after February 15, 1977, and a parent can file for up to three children at once. Legal guardians apply on paper.
- Prove parentage and citizenship. Send the child's birth certificate showing the Canadian parent, "issued by the original authority," and the parent's proof of citizenship. An application "can't be supported solely by third party records."
- Fill the gaps. If the Canadian parent is not on the certificate, IRCC accepts records such as "pre-birth orders, court orders, surrogacy agreements, hospital records," with a letter explaining why. If the certificate was changed or replaced, explain that too.
- Prove the 1,095 days where required. Form CIT 0555 lists every entry to and exit from Canada between the parent's birth and the child's. The CIT 0014 checklist accepts "T-4 slips or school transcripts," "passports or entry/exit records," "rental, mortgage or insurance records," government records, and affidavits from organizations or third parties.
- Translate everything foreign. Each document not in English or French needs a translation and the translator's affidavit; translators "certified in Canada don't need to supply an affidavit." Online, the document, translation and affidavit go "in the same file."
The passport application has its own rule: each translation needs a completed Statutory Declaration for Translators (PPTC 659), and court documents must be translated by a professional.
What must a translation of a child's birth certificate show?
Everything on the paper, laid out so an officer can match it line by line:
- Both parents' full names, including second surnames or patronymics
- Dates of birth and registration, and the registry office and entry numbers
- Marginal notes: paternity acknowledgments, corrections, adoption or name changes
- Every stamp, seal, signature and apostille, on both sides
Our birth certificate translation guide covers national formats, and the IRCC translation requirements explain the affidavit in full.
Why children's files get returned
- A short-form birth certificate with no parents' names.
- An IMM 5604 signed without a notary, or sent without the parent's signed ID.
- A custody order summarized or translated only in part.
- A translation by a parent, aunt or older sibling.
- Three spellings of one name across the passport, forms and translations.
- No CIT 0555 for a child born on or after December 15, 2025 to a parent born abroad.
Checklist for a child's documents
Questions people ask
Is my child born abroad a Canadian citizen under the new law?
If the child was born before December 15, 2025 to a Canadian parent, the answer is now yes in most cases, even beyond the first generation. If the child was born on or after that date and the Canadian parent was also born or adopted abroad, the child is a citizen only if a Canadian parent spent at least 1,095 days in Canada before the birth or a Crown-servant exception applies.
What is IMM 5604 and who signs it?
It is IRCC's declaration from a parent or guardian who is not coming to Canada, confirming they have no objection to the child immigrating. The non-accompanying parent signs it before a notary public, one form per child, with a copy of their signed photo ID.
Can I translate my child's documents myself?
No. IRCC does not accept translations by the applicant or family members, including parents, guardians, siblings, grandparents, aunts, uncles and first cousins. Representatives and consultants are barred as well, so use an independent translator.
Do I need a sworn affidavit with the translation?
Yes, unless the translator is a certified member of a professional translation association whose stamp shows a membership number; for proof of citizenship, only translators certified in Canada are exempt. Everyone else must swear to their language proficiency and the accuracy of the translation. See certified translation vs sworn affidavit.
Can I sponsor a child I did not declare when I immigrated?
Generally no. Paragraph 117(9)(d) of the Regulations bars sponsoring a family member who was not declared and examined, and the temporary public policy that lifted the bar for some families ended on September 10, 2026. Get legal advice before applying.
How much does a translation of a child's documents cost?
Official Translations charges CA$39.95 per page, a page being up to 300 words, and the sworn affidavit for IRCC adds CA$24.95 per document. A one-page birth certificate is usually delivered as a signed PDF within 24 hours; longer custody or adoption judgments take 1 to 3 business days.
