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.
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.
If 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.
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