Birth Registration

and Parental Declaration

Let’s make it official. 

In Canada, each Province has its own laws regarding how a child’s birth is registered, including the situation in which a surrogate (gestational carrier) is the birth mother. The most surrogate friendly provinces, from a birth registration perspective, are Ontario and British Columbia.

Shirley Levitan will guide you through the process to ensure you understand the process and she will ensure the birth of your baby is properly registered.

What you need to know to get started.

Fertility Law - SurrogacyFor 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.

Fertility Law - SurrogacyIf your child is born in Ontario via surrogacy, Ontario law provides that a birth can be registered in the names of the intended parents without the need for a post-birth parental court order IF:

  • There is a written surrogacy agreement signed BEFORE the embryo transfer, with each of the surrogate and intended parents having their own separate lawyer.
  • The gestational carrier/surrogate signs a declaration relinquishing her parental rights no earlier than seven (7) days after the date of birth.

Important:

If the criteria in Number 2 above are not met for a child born in Ontario via surrogacy, 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.


Contact Shirley
 to assist with ensuring the birth of your baby is properly registered.

Frequently Asked Questions:

Birth Registration

It is important that you have accurate information and seek the advice of an experienced fertility lawyer to assist with ensuring the birth of your baby is properly registered. Let us help you by providing the information you need to make good decisions and by creating the agreement that best suits your personal situation. 

If we use a surrogate, can the child’s birth be registered in both our names even if we are not married?

Generally, yes, but it can depend on the province in which the child is born. 

If we use a surrogate, can the child’s birth be registered in both our names even if one, or both of us, is not the child’s biological parent?

Again, this depends on which province the child is born in. In Ontario and British Columbia, the answer is generally, yes.

How is the birth of the child registered if we use a surrogate?

This depends on which Province the child is born in. Contact Shirley to learn more.

Testimonials

Shirley listened to our needs

We are a gay male Italian couple, and enlisted Shirley’s help with our surrogacy and egg donation journey.  From the beginning, Shirley was  knowledgeable, compassionate and diligent.  She was available on our timetable, and guided us through the many legal issues and complications.  Shirley listened to our needs and concerns with sincerity and made us feel secure and heard.  We are very happy with her assistance and can attest that you will be in very good hands with her.

GC and SP, Fertility Clients, Italy

Shirley has gone above and beyond...

We are a same sex married couple from Australia, who are now blessed with two beautiful babies born in Ontario via egg donation and surrogacy.  From the outset, Shirley was there to guide us every step of the way.  She is knowledgeable, available and sincerely interested in helping her clients work through the maze of international surrogacy and fertility arrangements.  She was the first person we met in Canada when we began our journey, and assisted us all the way through.   Shirley also managed to organize the paper work so we were able to leave Canada and return home within record time after the birth!  She has gone ‘beyond and above’ for us in so many ways.  We are still in touch with her and our daughters continually hail ‘agoo’ in thanks to her!  We highly recommend Shirley and can attest that you will be in excellent hands with her helping you

Happy fathers, AS and JC (and our lovely twins!), Fertility Law Clients, Australia

Shirley is smart, knowledgeable, no-nonsense, warm and approachable

Shirley took on my family law case after my previous lawyer had become a Judge.  It had been a complicated and challenging negotiation as my ex and his lawyer were trying to ensure that ‘no stone was left unturned’, even though there was nothing under those stones!  Shirley negotiated the final agreement to my very great satisfaction. She ensured that I was regularly informed and that I understood all the issues, and how the facts of my particular case related to the law.  Shirley is smart, knowledgeable, no-nonsense, warm and approachable. I was very pleased with the result and felt heard and well taken care of.  I highly recommend Shirley, you will be in good hands with her.

SC, Family Law Client, Toronto, Ontario

Thank you for your guidance

I cannot thank Shirley enough for her guidance and wisdom through the negotiation of my separation agreement.  There were indeed times I was ready to ‘throw my hands up’, dig my heels in, and take it all to Court.  Shirley helped to ground me, and wisely advised that this would not be at all helpful; I would risk losing a lot going to court rather than negotiating-not to mention the high tab it would involve. When I felt down, she helped me to see the ‘silver lining’ and truly encouraged me to ‘hang in there’.  In the end, I had an agreement that dealt with all the issues that were important to me, in a way that made sense to me.  Thank you, Shirley!

HE, Family Law Client, Toronto

I highly recommend Shirley!

Shirley took on my case after my previous lawyer had become a Judge.  It had been a very complicated and challenging negotiation as my ex and his lawyer were trying to ensure that ‘no stone was left unturned’, even though there was nothing under those stones!  Shirley negotiated the agreement to my very great satisfaction. She ensured that I was regularly informed and that I understood all the issues, and how the facts of my particular case related to the law.  Shirley is smart, knowledgeable, no-nonsense, warm and approachable. I was very pleased with the result and felt heard and well taken care of.  I highly recommend Shirley; you will be in excellent hands with her. “

SC, Family Law Client, Toronto, Ontario

Shirley helped me get through a very rough time

I hired Shirley on the recommendation of a friend of mine. The separation was not an easy time for me, and I needed someone strong, who, at the same time, could support me with sincerity and empathy.  I was not disappointed. Shirley guided me with patience and understanding through the maze of issues involved in my case (not simple), and negotiated an agreement directly with my ex (also not simple) until the end, when he got a lawyer to review it.  Her knowledge, experience and patience, plus how she dealt with my ex, helped get me through this very tough time. I cannot thank her enough and have recommended her numerous times since.

CR, Family Law Client, Toronto

I obtained the agreement I wanted!

I thank Shirley for her guidance, knowledge, and wisdom in settlement negotiations of my separation agreement. It was a difficult time for me, and Shirley helped me every step of the way. She made sure I felt heard, and that my goals and fears were acknowledged. It was important to me to maintain a positive relationship with my ex-husband throughout, and Shirley ensured that happened. Her patience, warmth, and experience helped to keep me grounded and focussed. I obtained the agreement I wanted, and my ex and I continue to co-parent our children with respect. A huge relief is an understatement!

SE, Family Law Client, Toronto

Shirley made this difficult process easy

Shirley Levitan BSc., LLB is phenomenal to work with. Shirley was highly recommended by one of my long-time clients as I was recently going through a divorce. Shirley made this difficult process easy, clear and had it completed fairly quickly. She took the time to explain and guide me through the negotiations, while delivering on everything she had promised. I would recommend Shirley Levitan BSc., LLB to anyone going through a divorce, as she is very knowledgeable and truly works for the best interest of her clients. She not only makes a difficult situation easy but makes herself available to answer any questions or concerns one may have. Shirley, I can’t thank you enough for your help and alleviating a lot of stress from my divorce. Thank You

PS, Family Law Client, Toronto

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