Citizenship status of foreign born baby - Please help

[concrete]

Hi,

Here's my situation:

- Me: born in England, became a Canadian citizen In 2002

- Husband: born in Nigeria, became a Canadian citizen in 2015

- Undergoing gestational surrogacy, meaning the surrogate will have no genetic link to our baby.

- Will have legal documentation about surrogacy agreement

- Husband and I will be listed on birth certificate as parents. Not sure if it will say biological mother and father though

- We will get a DNA test done and have that documentation to show I'm biological mother and husband is biological father

- Baby will be born in Nigeria

Can someone confirm if our baby will be automatically granted Canadian citizenship? What documents will I need to apply for from Nigeria? How long can it take? Any options to expedite? I don't want to be stuck there with a newborn for months

I also want to be sure I'm not missing anything. Suggestions are welcomed

 

[ohmygawd]

I will be watching this space, as I have a friend with similar situation. Hope someone posts helpful answers here

 

[JoacRy]

Hi,

Here's my situation:

- Me: born in England, became a Canadian citizen In 2002

- Husband: born in Nigeria, became a Canadian citizen in 2015

- Undergoing gestational surrogacy, meaning the surrogate will have no genetic link to our baby.

- Will have legal documentation about surrogacy agreement

- Husband and I will be listed on birth certificate as parents. Not sure if it will say biological mother and father though

- We will get a DNA test done and have that documentation to show I'm biological mother and husband is biological father

- Baby will be born in Nigeria

Can someone confirm if our baby will be automatically granted Canadian citizenship? What documents will I need to apply for from Nigeria? How long can it take? Any options to expedite? I don't want to be stuck there with a newborn for months

I also want to be sure I'm not missing anything. Suggestions are welcomed

1) No your baby will not automatically be a Canadian citizen
2) You will likely need the birth certificate and the adoption papers and proof of any costs incurred by you and your husband (in the adoption process)
3) There is no 'defined' timeframe. As you see from the links below the time taken will 'vary'

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html#adopt

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes/choose-process/citizenship.html

Use this link to check if the 'Nigerian' adoption process is valid for Canada:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes.html

 

[scylla]

1) No your baby will not automatically be a Canadian citizen
2) You will likely need the birth certificate and the adoption papers and proof of any costs incurred by you and your husband (in the adoption process)
3) There is no 'defined' timeframe. As you see from the links below the time taken will 'vary'

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html#adopt

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes/choose-process/citizenship.html

Use this link to check if the 'Nigerian' adoption process is valid for Canada:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes.html

That's actually incorrect. See the following:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/identity/who-parent-purposes-where-assisted-human-reproduction-including-surrogacy-arrangements-involved.html

 

[JoacRy]

That's actually incorrect. See the following:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/identity/who-parent-purposes-where-assisted-human-reproduction-including-surrogacy-arrangements-involved.html

I see your point but as the original poster notes "... Not sure if it will say biological mother and father though ..."

The link states the following "Cases involving assisted human reproduction (AHR), including surrogacy arrangements, undertaken by Canadian citizens may result in children born abroad who are not biologically related to the Canadian parent..."

Legal parent at birth:
Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/terms-definitions-related.html#l

The biological or non-biological parent listed on the original birth certificate or birth record(s) issued at the time of the child’s birth. This does not include parents who adopted the child after they were born or legal guardians.

Key Point: Note the words in 'Bold'
In the absence of legal parentage at birth or a biological connection
Children born through AHR, including surrogacy arrangements, who do not have a legal parent at birth or biological connection with their Canadian parent(s) are not eligible for citizenship by descent.

Summary: seems like it will depend upon the 'wording' (terminology) used on the child's birth certificate

 

[scylla]

I see your point but as the original poster notes "... Not sure if it will say biological mother and father though ..."

The link states the following "Cases involving assisted human reproduction (AHR), including surrogacy arrangements, undertaken by Canadian citizens may result in children born abroad who are not biologically related to the Canadian parent..."

Legal parent at birth:
Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/terms-definitions-related.html#l

The biological or non-biological parent listed on the original birth certificate or birth record(s) issued at the time of the child’s birth. This does not include parents who adopted the child after they were born or legal guardians.

Key Point: Note the words in 'Bold'
In the absence of legal parentage at birth or a biological connection
Children born through AHR, including surrogacy arrangements, who do not have a legal parent at birth or biological connection with their Canadian parent(s) are not eligible for citizenship by descent.

Summary: seems like it will depend upon the 'wording' (terminology) used on the child's birth certificate

IMO the OP's case will be very straight forward for citizenship through descent. OP will have two basis through which to claim this: (1) will be listed on the birth certificate as the parent; (2) both parents will be biologially related to the child. This means that if the birth certificate isn't accepted they can get a DNA test to prove the biologial connection. I don't see any barriers to claiming citizenship through descent.

 

[scylla]

Key Point: Note the words in 'Bold'
In the absence of legal parentage at birth or a biological connection
Children born through AHR, including surrogacy arrangements, who do not have a legal parent at birth or biological connection with their Canadian parent(s) are not eligible for citizenship by descent.

Summary: seems like it will depend upon the 'wording' (terminology) used on the child's birth certificate

This section doesn't apply to the OP's situation. Both parents will be biologically related to the child.

 

[concrete]

1) No your baby will not automatically be a Canadian citizen
2) You will likely need the birth certificate and the adoption papers and proof of any costs incurred by you and your husband (in the adoption process)
3) There is no 'defined' timeframe. As you see from the links below the time taken will 'vary'

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/eligibility.html#adopt

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes/choose-process/citizenship.html

Use this link to check if the 'Nigerian' adoption process is valid for Canada:

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadians/adopt-child-abroad/processes.html

I'm not adopting. The child is genetically mine and my husband's

 

[concrete]

I see your point but as the original poster notes "... Not sure if it will say biological mother and father though ..."

The link states the following "Cases involving assisted human reproduction (AHR), including surrogacy arrangements, undertaken by Canadian citizens may result in children born abroad who are not biologically related to the Canadian parent..."

Legal parent at birth:
Link: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/terms-definitions-related.html#l

The biological or non-biological parent listed on the original birth certificate or birth record(s) issued at the time of the child’s birth. This does not include parents who adopted the child after they were born or legal guardians.

Key Point: Note the words in 'Bold'
In the absence of legal parentage at birth or a biological connection
Children born through AHR, including surrogacy arrangements, who do not have a legal parent at birth or biological connection with their Canadian parent(s) are not eligible for citizenship by descent.

Summary: seems like it will depend upon the 'wording' (terminology) used on the child's birth certificate

I will have other documents stating we are the biological parents; the surrogacy agreement, a DNA test and other medical documents outlining my egg retrieval and embryo creation process with my husband's sperm

The birth certificate will list myself and my husband as mother and father. But, like most birth certificates, it won't actually say 'biological'.

 

[concrete]

IMO the OP's case will be very straight forward for citizenship through descent. OP will have two basis through which to claim this: (1) will be listed on the birth certificate as the parent; (2) both parents will be biologially related to the child. This means that if the birth certificate isn't accepted they can get a DNA test to prove the biologial connection. I don't see any barriers to claiming citizenship through descent.

Thank you. IRCC call centre agent told me this but didn't sound sure of herself/confident because it's such an uncommon case (so she says)

Hoping all goes well and it doesn't take too much time to process the documents

 

[QueenPeaches]

Nigerian birth certificates don't mention the specifics of the birth (i.e. don't care whether it's surrogacy or not). The names to be on the birth certificate will be the names the mother of the child wants to be there. You may not even need to show the DNA results.
Registration of birth is done at your convenience; sometimes in the hospital (if an officer of the local government is around specifically for that purpose), or at some other time when you will need to go to the local government office to register the birth of your child.
Since the birth certificate will list you and your husband as mother and father respectively, your child will automatically be eligible for citizenship by descent.
For your own peace of mind, get all possible documentation and of course a Nigerian passport for your child (as you will need that to travel with the baby back to Canada).
Congrats on the upcoming addition to your family!

 

[concrete]

Nigerian birth certificates don't mention the specifics of the birth (i.e. don't care whether it's surrogacy or not). The names to be on the birth certificate will be the names the mother of the child wants to be there. You may not even need to show the DNA results.
Registration of birth is done at your convenience; sometimes in the hospital (if an officer of the local government is around specifically for that purpose), or at some other time when you will need to go to the local government office to register the birth of your child.
Since the birth certificate will list you and your husband as mother and father respectively, your child will automatically be eligible for citizenship by descent.
For your own peace of mind, get all possible documentation and of course a Nigerian passport for your child (as you will need that to travel with the baby back to Canada).
Congrats on the upcoming addition to your family!

Thank you! Is it possible for us to obtain a Canadian passport there? Or emergency travel documents? Or do you advise getting a Nigerian passport with a Canadian visa? We want the quickest option available

Thank you

 

[scylla]

Thank you! Is it possible for us to obtain a Canadian passport there? Or emergency travel documents? Or do you advise getting a Nigerian passport with a Canadian visa? We want the quickest option available

Thank you

You need to get a temporary passport.

Nigerian passport with a temporary visa (TRV) won't be possible since your baby will be a citizen at birth.

 

[QueenPeaches]

Thank you! Is it possible for us to obtain a Canadian passport there? Or emergency travel documents? Or do you advise getting a Nigerian passport with a Canadian visa? We want the quickest option available

Thank you

I really cannot say, but I feel like you should be able to get an ETA atleast. A Canadian passport may take a while trying to from Nigeria, because you will first have to get a citizenship certificate before being able to apply for the Canadian passport.
I would advise you get a Nigerian passport as soon as possible, then try for both the Canadian visa and ETA simultaneously.
You could also call the Canadian Embassy for more reliable advice.

 

[scylla]

I really cannot say, but I feel like you should be able to get an ETA atleast. A Canadian passport may take a while trying to from Nigeria, because you will first have to get a citizenship certificate before being able to apply for the Canadian passport.
I would advise you get a Nigerian passport as soon as possible, then try for both the Canadian visa and ETA simultaneously.
You could also call the Canadian Embassy for more reliable advice.

The baby won't qualify for an eTA for two reasons: (1) eTAs are only for foreign nationals and the baby will be a citizen at birth; (2) eTAs are only available to foreign nationals holding visa exempt passports. Nigeria is not visa exempt.