PR and surrogacy

[Hopeful One]

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.

What is the ruling...if anyone is aware...about his biological child coming to Canada? Child would have US Citizenship? Would I have to legally adopt the child because she/he is not biologically mine? Or because the intent was for me to be the child's mother, the child would become Canadian with a few legal papers signed?

A lot of things to think about immigration before considering surrogacy...any thoughts are welcomed.

 

[canuck_in_uk]

American citizenship law states that if the American parent has "been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday", their child born abroad will be American. http://www.uscis.gov/us-citizenship/citizenship-through-parents

Unfortunately, according to this http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob381.asp, if there is no genetic link to a Canadian parent, then the child will not be Canadian. As that page says, adoption would depend on how the other country recognizes the child's parentage and may not be possible.

It's a bit of an immigration minefield.

 

[Hopeful One]

Thanks Canuck!

Guess we will hold off on the surrogacy thing until hubby gets his citizenship to Canada.

Cheers!

 

[canuck_in_uk]

Thanks Canuck!

Guess we will hold off on the surrogacy thing until hubby gets his citizenship to Canada.

Cheers!

Good luck!