Baby born outside of Canada through surrogacy in India

[Hopeful One]

We are planning to have a baby through surrogacy in India. Husband who is a Canadian PR will only have the genetic link to the child. Both our names will be on the birth certificate and considered legal parents of baby as per laws in India. My understanding is that because husband is genetic parent of baby he therefore can not "adopt" his own child.

CIC phone rep said to apply for TRV and apply for family class sponsorship when we arrive back in Canada...if baby is allowed to Canada, but we have no ties to India so Compassionate and Humanitarian request?

Has anyone been through this process and what type of forms/information will be required to get back to Canada with babies smoother.

 

[canuck_in_uk]

The smoothest thing to do is obtain the child's American passport. As an American, s/he will not require a visa to travel to Canada.

With the birth certificate naming both of you as the legal parents, I don't imagine you'll have any issues at the border. If the officer asks for more info, you can show the surrogacy documents and explain that you will be sponsoring the child and that once s/he is a PR, you will be immediately applying for his/her Canadian citizenship.

 

[truesmile]

WOW, where did that come from . . . "American passport"? Not even any of the OP's previous posts indicate they have anything to do with the U.S.

From what I can tell, the smoothest thing to do is exactly what the CIC rep described.

 

[rhcohen2014]

WOW, where did that come from . . . "American passport"? Not even any of the OP's previous posts indicate they have anything to do with the U.S.

From what I can tell, the smoothest thing to do is exactly what the CIC rep described.

read the OP's first post... i believe it suggests the father, who is a CAnadian PR is also a US citizen. It also sounds like Canuck has replied to other posts from this OP.

 

[truesmile]

Thanks!

 

[canuck_in_uk]

WOW, where did that come from . . . "American passport"? Not even any of the OP's previous posts indicate they have anything to do with the U.S.

From what I can tell, the smoothest thing to do is exactly what the CIC rep described.

I draw your attention to the statement below from OP's very first post, which I also responded to:

My husband has his PR and living in Saskatchewan Canada for 5 years (from the USA) just starting on his citizenship papers and we were considering gestational surrogacy in another country. My husband would be the biological father to the child with an unknown egg donor/surrogate.

 

[godsservant]

Hi Everyone.

Hope some one can guide me..

Me and my wife are PR resident in Canada , living in canada for nearly 4 years , and we have already applied for citizenship.

I have got my baby ( A week back ) in India thru surrogacy, for which we are biological parents.

How can I bring my baby to India, ASAP, so she can live with us.

Kindly guide us,

God Bless

 

[canuck_in_uk]

Me and my wife are PR resident in Canada , living in canada for nearly 4 years , and we have already applied for citizenship.

I have got my baby ( A week back ) in India thru surrogacy, for which we are biological parents.

How can I bring my baby to India, ASAP, so she can live with us.

Hi

I'm assuming you mean bring the baby back to Canada. As there is no genetic Canadian parent, the child doesn't have the right to come live in Canada; one of you will have to sponsor the baby for PR. You can apply for a TRV for the child in the meantime but such apps are usually refused. You can request that the process the TRV as a TRP, Temporary Resident Permit; there are PRs on the forum who have successfully brought their foreign-born children to Canada on TRPs.

The sponsor must remain living in Canada throughout the process regardless. If the child is not able to come to Canada during the process, the non-sponsor parent can go be with the child in India, as long as it doesn't risk his/her Residency Obligation.

 

[screech339]

The OP may be able to pass on American citizenship to the child. But chances are he can. The reason I say "may" is because I am assuming the OP is the lone American parent in this case. When that happens, there are rules to apply to pass it on. The American parent must have lived in US for a minimum of 5 years, 2 of those years must be after reaching age of 14, before the birth of the baby.

Screech339

 

[canadianwoman]

You'll probably have to apply for a TRP for the child, not a TRV. The visa is for temporary visits, which obviously the child is not going to be doing. The permit is for situations like this.

 

[godsservant]

Hi By Biological, i ment, we are genetic parents.. ( We have DNA reports also )

both Mom / Dad of surrogate baby are genetic parents.

We are living in canada for 4 years,, as PR,,, and have applied for our citizenship in November.

I want to bring my baby to canada, asap.

What process can i take, Please advice.

Also, how can i apply for TRP

How can i contact PRs who has brought their surrogate kids to canada

 

[canuck_in_uk]

Hi By Biological, i ment, we are genetic parents.. ( We have DNA reports also )

We are living in canada for 4 years,, as PR,,, and have applied for our citizenship in November.

I want to bring my baby to canada, asap.

What process can i take, Please advice.

Also, how can i apply for TRP

I understood what you said. And as I said, without a genetic Canadian parent, the child does not have the right to live in Canada and must be sponsored as a PR. You have no option to bring your child to Canada ASAP. You must go through the proper process and that will take time.

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

 

[godsservant]

Thanks Canuck,,,now another question.

I understand, i can bring baby on TRP or TRV.

As i said,, me and my wife, we have already applied for canadian citizenship,, after getting citizenship, what would be the process to get PR / Citizenship for my baby.

Kindly explain

 

[canuck_in_uk]

I understand, i can bring baby on TRP or TRV.

As i said,, me and my wife, we have already applied for canadian citizenship,, after getting citizenship, what would be the process to get PR / Citizenship for my baby.

Understand that there is no guarantee that the baby will get a TRV/TRP.

The process is the same whether you are a PR or a citizen. You must sponsor the baby for PR. If you are a citizen, you can remain outside of Canada during the process.

 

[RajaJi]

We are planning to have a baby through surrogacy in India. Husband who is a Canadian PR will only have the genetic link to the child. Both our names will be on the birth certificate and considered legal parents of baby as per laws in India. My understanding is that because husband is genetic parent of baby he therefore can not "adopt" his own child.

CIC phone rep said to apply for TRV and apply for family class sponsorship when we arrive back in Canada...if baby is allowed to Canada, but we have no ties to India so Compassionate and Humanitarian request?

Has anyone been through this process and what type of forms/information will be required to get back to Canada with babies smoother.

Read the information available on the page at the following link.
http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob381.asp
This document is expired but rules might still be the same for processing applications for surrogate children.