Surrogate children now get Citizenship claim in Canada

Canada changes parent definition

With a new change in citizenship and immigration Canada has brought a fresh perspective into the idea of citizenship.

Lately, a Quebec Superior Court has given a ruling that the legal and biological children of Canadians can have the same rights of citizenship as biological children. The new rule has opened the opportunity for children born through surrogacy resorted to by Canadian citizens, can be eligible for citizenship rights that can be passed on to them. This requires that one legal parent is Canadian.

This ruling isn’t applicable to adopted children, as their process of getting citizenship is different.

Earlier to this ruling, only natural biological children were the only ones to get citizenship rights automatically through their parents. Those born abroad, but biologically connected to one or both of their Canadian parents also got automatic citizenship. But now, children born out of assisted reproduction methods like surrogacy are getting their opportunity to become legal citizens. This is significant to consider under Canada immigration.

Under the new circumstance, legally, the term ‘parent’ for a child now covers:

  • biological children of Canadians
  • children who took birth abroad and have a parent-child relationship at birth that’s legal without a biological link

So, now, when it comes to passing the citizenship right to the children, not only genetic but legal parents will also be able to do so. Canada will consider those as legal parents whose name is seen on:

  • a child’s original certificate of birth
  • other relevant birth records including
  • hospital records
  • court orders
  • surrogacy contracts

Parents not recognized as the legal parent at birth, but have a biological connection with their child may have to conduct a DNA test so that they can support their parenthood claim.

Children born by assisted reproduction but have no legal parent at birth, or a biological connection with at least one of their Canadian parents aren’t fit to be a citizen by descent.

People below age 18 (minors) in Canada, may also proceed to file an application for citizenship proof on their own behalf. But, if the minor is below age 14, a parent must countersign the application. Or else, the processing officer of the application must advise the parent of the child that the application is being made.

IRCC (Immigration, Refugees and Citizenship Canada) has only a vague definition of who gets to be a citizen ‘automatically’. According to IRCC, a Canadian citizen may be one:

  • born in Canada (but not to foreign diplomats)
  • who became a citizen by virtue of changes to the Citizenship Act
  • who received Canadian citizenship by applying for it
  • who received citizenship of Canada as a minor after a parent or guardian applied for it on their behalf
  • born outside Canada with at least one of their legal or biological parents being citizens of Canada

If you are looking to Study, Work, Visit, Invest or Migrate to Canada, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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