Sherry Levitan - Surrogacy Lawyer in Toronto

Declaration of Parentage

Generally speaking, within Canada, the surrogate is presumed to be the child’s mother because she is the one who gives birth, and if she has a male spouse, he is presumed to be the father.

So, you’ll need to legally overturn those presumptions by applying for a Declaration of Parentage from the courts.

After the child is born, DNA evidence is collected to prove that he or she has no genetic link to the surrogate. This evidence is presented to a judge, along with copies of any surrogate or donor agreements to prove that you were always intended to be the child’s parents.

As soon you receive your Declaration of Parentage, you can take this court order to the Registrar General in the province in which the child is born and obtain a birth certificate with your names on it. Then you can also apply for the child’s passport.

Each province handles this procedure a bit differently. Ontario, and British Columbia are the most surrogacy friendly jurisdictions. Quebec should be avoided at all costs because it has legislation that deems surrogacy agreements to be null and void.

Watch the video to learn more.