Surrogacy

[vasy]

Hi,

Me and my husband are planning to have surrogacy done in India. We both are permanent resident's in Canada. My husband will be genetically related to child, not me. We didn't apply for any citizenship until now. My concerns are:
1. Is it compulsory that the mother (In this case"me") should be genetically related to child?
2. What's the process for applying for the child?
3. How long does it take?
4. Does anyone know any lawyers who deal like my cases in Alberta ( if possible in Edmonton)?

Thanks.

 

[canuck78]

Hi,

Me and my husband are planning to have surrogacy done in India. We both are permanent resident's in Canada. My husband will be genetically related to child, not me. We didn't apply for any citizenship until now. My concerns are:
1. Is it compulsory that the mother (In this case"me") should be genetically related to child?
2. What's the process for applying for the child?
3. How long does it take?
4. Does anyone know any lawyers who deal like my cases in Alberta ( if possible in Edmonton)?

Thanks.

You need a surrogacy and maybe an adoption lawyer in Canada since you are not the biological parent of the child. There aren’t a ton of them. Isn’t commercial surrogacy outlawed in India these days?

 

[canuck_in_uk]

Hi,

Me and my husband are planning to have surrogacy done in India. We both are permanent resident's in Canada. My husband will be genetically related to child, not me. We didn't apply for any citizenship until now. My concerns are:
1. Is it compulsory that the mother (In this case"me") should be genetically related to child?
2. What's the process for applying for the child?
3. How long does it take?
4. Does anyone know any lawyers who deal like my cases in Alberta ( if possible in Edmonton)?

Thanks.

1. No, you don't have to be genetically related.

2. You will need to sponsor the child. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

3. 8 months to a year.

 

[canuck78]

Still believe that you should be consulting surrogacy lawyers. There also may be issues if commercial surrogacy is no longer allowed in India if Canada is following the laws of the country where surrogacy takes place.

 

[canuck_in_uk]

Still believe that you should be consulting surrogacy lawyers. There also may be issues if commercial surrogacy is no longer allowed in India if Canada is following the laws of the country where surrogacy takes place.

Surrogacy for foreigners is not allowed in India. I assume OP and spouse are from India and that restriction therefore doesn't apply.

 

[canuck78]

Surrogacy for foreigners is not allowed in India. I assume OP and spouse are from India and that restriction therefore doesn't apply.

Yes but as PR living in Canada this could be an issue. That is why I suggest speaking to a surrogacy lawyer.

 

[canuck_in_uk]

Yes but as PR living in Canada this could be an issue. That is why I suggest speaking to a surrogacy lawyer.

Being PRs living in Canada wouldn't make the surrogacy in India illegal.

 

[canuck78]

Being PRs living in Canada wouldn't make the surrogacy in India illegal.

Just recommending this couple be thorough before doing the surrogacy so they know there will be a smooth process to bring their child to Canada. Anyone doing surrogacy should be consulting a lawyer to begin with.

 

[vasy]

But we are still Indian citizen's right, as we didn't take any citizenship in Canada yet. (This is for commercial surrogacy)

Please suggest lawyers as i'm not sure and cant find any.

 

[rahul1911]

Hello @vasy , were you able to proceed with the surrogacy? I have a friend who has the same situation and requires guidance.

 

[canuck78]

Hello @vasy , were you able to proceed with the surrogacy? I have a friend who has the same situation and requires guidance.

They should be speaking to an immigration lawyer.

 

[vasy]

No not yet thinking about it still to start the process

 

[Jchatwall]

Hi! I am in Greater Toronto Area and looking for an immigration lawyer for surrogacy and adoption from India. I am an Indian citizen and Canadian PR. Please suggest. Any help will be appreciated. Thanks

 

[zara12]

Hi
Apologies if this has been already asked. I am a Permanent Resident in Canada and husband is a citizenship holder. Are we eligible to apply for surrogacy process from India as per current rules?
Thank you

 

[scylla]

Hi
Apologies if this has been already asked. I am a Permanent Resident in Canada and husband is a citizenship holder. Are we eligible to apply for surrogacy process from India as per current rules?
Thank you

Are you a citizen of India? It may be possible if you are a citizen of India (not sure if your husband's citizenship will be an issue). If you are not a citizen of India, then it's not possible to the best of my knowledge.