In Canada, each Province has its own laws regarding how a child’s birth is registered, including the situation in which a gestational carrier is the birth mother. The most surrogate friendly provinces, from a birth registration perspective, are Ontario and British Columbia.
For anyone considering a surrogacy arrangement – where the child is to be born – should be considered before the surrogacy arrangement is entered into. For non-Canadians considering using a Canadian surrogate you must consider:
- The birth registration laws of the Province in which the child will be born
- The citizenship and parentage laws of your home country.
Ontario’s new parentage laws came into effect as of January 2, 2017. Regarding parentage in surrogacy situations, the new law provides that a birth can be registered in the names of up to four (4) people without the need to get a post-birth parental Court order IF:
- There is a pre-conception written agreement, with opposing sides having independent legal advice
- The gestational carrier signs a consent no earlier than 7 days post birth.
If these criteria are not met, a post-birth parental Court order is required to establish parentage with the intended parents. However, even with a pre-conception agreement, a post-birth Order may still be obtained if the intended parents want it, or need it.
It is important that you seek the advice of an experienced fertility lawyer to assist with ensuring the birth of your baby is properly registered.