Surrogacy in Nigeria / Travel requirements

[ossum]

Hi everyone, I'm grateful for the community. As most know it's very difficult to navigate the process and it adds to the stress not having proper direction. Hopefully this ends up helping someone else going through the process also.

I can elaborate on the whole process but I will keep it short to make it easier to navigate my question if possible.

I am born in Canada, and my wife is a citizen here as well. I am currently in Canada, and my wife is currently in Nigeria (she was born there), with our three newborns, using two surrogates. I am their genetic father. The first had twins, born in Nov 2024, and the remaining child born in Dec 2024. You can imagine how exited I am to meet my children after trying everything for the last 10 years.

I applied for citizenship and received it on urgent basis as they are citizens born overseas. This took approximately 2 weeks. Then I have applied for passports at the Lagos Consulate. They have accepted the application and we are currently waiting on Canadian passports for the children.

Currently there are two outstanding issues:

First and most importantly, does anyone know if we need Nigerian Passports for the children to come back to Canada? I hear mixed answers, and this would be a costly mistake if we are denied boarding when the time comes to return to Canada. They are currently in Lagos, and the last thing I want to imagine is sending the crew including 3 infants on the road or flight to Abuja.

Secondly, we have two helpers to take care of the children, along with my wife. Canadian and international airlines mandate one adult per infant on the airlines. Therefore we have applied for the canadian visas for the two helpers. They were applied for Dec 20th and biometrics have been taken etc. It is very hard to hear back from IRCC at their overseas office, regarding any update for urgent processing. It seems hardly fair that the citizenship and passport can be applied for as an urgent basis, but there is no expediting process for helper's visas, which are the roadblock for my family to come home. I have sent webforms with explanations as well as contacted my MP, and they made an "inquiry". but I can only make another inquiry in one month. Any insight on how to expedite the process would be greatly appreciated.

Thanks everyone for any insight toward options available!

 

[steaky]

Hi everyone, I'm grateful for the community. As most know it's very difficult to navigate the process and it adds to the stress not having proper direction. Hopefully this ends up helping someone else going through the process also.

I can elaborate on the whole process but I will keep it short to make it easier to navigate my question if possible.

I am born in Canada, and my wife is a citizen here as well. I am currently in Canada, and my wife is currently in Nigeria (she was born there), with our three newborns, using two surrogates. I am their genetic father. The first had twins, born in Nov 2024, and the remaining child born in Dec 2024. You can imagine how exited I am to meet my children after trying everything for the last 10 years.

I applied for citizenship and received it on urgent basis as they are citizens born overseas. This took approximately 2 weeks. Then I have applied for passports at the Lagos Consulate. They have accepted the application and we are currently waiting on Canadian passports for the children.

Currently there are two outstanding issues:

First and most importantly, does anyone know if we need Nigerian Passports for the children to come back to Canada? I hear mixed answers, and this would be a costly mistake if we are denied boarding when the time comes to return to Canada. They are currently in Lagos, and the last thing I want to imagine is sending the crew including 3 infants on the road or flight to Abuja.

Secondly, we have two helpers to take care of the children, along with my wife. Canadian and international airlines mandate one adult per infant on the airlines. Therefore we have applied for the canadian visas for the two helpers. They were applied for Dec 20th and biometrics have been taken etc. It is very hard to hear back from IRCC at their overseas office, regarding any update for urgent processing. It seems hardly fair that the citizenship and passport can be applied for as an urgent basis, but there is no expediting process for helper's visas, which are the roadblock for my family to come home. I have sent webforms with explanations as well as contacted my MP, and they made an "inquiry". but I can only make another inquiry in one month. Any insight on how to expedite the process would be greatly appreciated.

Thanks everyone for any insight toward options available!

What types of visa have you applied for the helpers? Have you applied work permits for them?

 

[ossum]

They are visitor visas under the compassionate care / medical assistance (not sure if that's exactly what it's called) category, as they are friends helping my wife unpaid. I was told this was a higher priority than visiting visa by my MP office. They shouldn't need work permits to my understanding

 

[steaky]

They are visitor visas under the compassionate care / medical assistance (not sure if that's exactly what it's called) category, as they are friends helping my wife unpaid. I was told this was a higher priority than visiting visa by my MP office. They shouldn't need work permits to my understanding

You could be in trouble if they don't have work permits because taking care of employer's babies are considered work. You can read this article:

https://www.cbc.ca/news/canada/british-columbia/alleged-human-trafficking-of-nanny-lands-couple-in-court-1.1332947

 

[ossum]

You could be in trouble if they don't have work permits because taking care of employer's babies are considered work. You can read this article:

https://www.cbc.ca/news/canada/british-columbia/alleged-human-trafficking-of-nanny-lands-couple-in-court-1.1332947

Hmm. maybe I'm missing something? We aren't an employer, it's our family friends who are coming to visit and help us settle. It's more to help them on the airplane than anything, as that's the mandate by Canadian aviation rules that they must travel with an adult. I'd go and get them with a friend but I'm still waiting over 1 year for a reply on a Nigerian visa.

 

[armoured]

First and most importantly, does anyone know if we need Nigerian Passports for the children to come back to Canada? I hear mixed answers, and this would be a costly mistake if we are denied boarding when the time comes to return to Canada. They are currently in Lagos, and the last thing I want to imagine is sending the crew including 3 infants on the road or flight to Abuja.

This can only be checked with the Nigerian authorities, and you will likely need professional legal counsel in the field to clarify. (Didn't this come up at the Canadian High Commission?)

First is citizenship. This may be specific to surrogacy, and who is on the birth certificate, etc. Since Nigeria is not a jus soli country (citizenship by place of birth), it will depend presumably on parentage. I won't even hazard a guess how that would apply here. This may be more or less difficult just depending on local regs. (May also depend on the legal framework for surrogacy...)

Most countries would require a child with citizenship born in that country to have a passport of that country to leave. (That may be easiest in some respects as would at least be clear what is needed).

If not, well, there must be a procedure to get an exit visa (or some other kind of leave to exit) for the children. (I say there must be because if they don't give citizenship to all born there, this has surely happened before). This would likely be through the foreign ministry or other. While it's possible there are no more documents needed, I strongly doubt it.

 

[armoured]

Hmm. maybe I'm missing something? We aren't an employer, it's our family friends who are coming to visit and help us settle. It's more to help them on the airplane than anything, as that's the mandate by Canadian aviation rules that they must travel with an adult. I'd go and get them with a friend but I'm still waiting over 1 year for a reply on a Nigerian visa.

How long are they coming for?

 

[steaky]

Hmm. maybe I'm missing something? We aren't an employer, it's our family friends who are coming to visit and help us settle. It's more to help them on the airplane than anything, as that's the mandate by Canadian aviation rules that they must travel with an adult. I'd go and get them with a friend but I'm still waiting over 1 year for a reply on a Nigerian visa.

They have an adult to travel with them already - the mother!

The two helpers are family friends? They are volunteers?

 

[canuck78]

Did these friends not apply for TRVs or WPs a long time ago? Are you covering their costof travel? This was not a surprise or emergency situation so not sure why you waited until the last minute especially coming from a country like Nigeria where there is concern about overstay.

 

[ossum]

This can only be checked with the Nigerian authorities, and you will likely need professional legal counsel in the field to clarify. (Didn't this come up at the Canadian High Commission?)

First is citizenship. This may be specific to surrogacy, and who is on the birth certificate, etc. Since Nigeria is not a jus soli country (citizenship by place of birth), it will depend presumably on parentage. I won't even hazard a guess how that would apply here. This may be more or less difficult just depending on local regs. (May also depend on the legal framework for surrogacy...)

Most countries would require a child with citizenship born in that country to have a passport of that country to leave. (That may be easiest in some respects as would at least be clear what is needed).

If not, well, there must be a procedure to get an exit visa (or some other kind of leave to exit) for the children. (I say there must be because if they don't give citizenship to all born there, this has surely happened before). This would likely be through the foreign ministry or other. While it's possible there are no more documents needed, I strongly doubt it.

I don't believe the High Commission mentioned anything regarding. As my wife is Nigerian, she was able to get them their NIN at birth, and both our names are listed on the birth certificates. So I am assuming NIN means they are Nigerian Citizens already, as this was the primary ID we used to obtain Canadian proof of citizenship. So effectively it seems we have Nigerian citizenship and Canadian citizenship, and we are waiting on pickup for Canadian Passports.

 

[armoured]

They have an adult to travel with them already - the mother!

I read the comment to mean the airlines are requiring one adult per child.

 

[ossum]

How long are they coming for?

The visitor visa is by default for 6 months. I have booked tickets (flexible) from March 5th till Sept 3rd for both helpers. We may consider extending one if she wants to visit Canada longer

 

[armoured]

I don't believe the High Commission mentioned anything regarding. As my wife is Nigerian, she was able to get them their NIN at birth, and both our names are listed on the birth certificates. So I am assuming NIN means they are Nigerian Citizens already, as this was the primary ID we used to obtain Canadian proof of citizenship. So effectively it seems we have Nigerian citizenship and Canadian citizenship, and we are waiting on pickup for Canadian Passports.

I would presume they grant citizenship on that basis, but don't know. NIN: quick internet says legal residents also get them; I'd hope the document says whether citizen or not.

If so: assume they will need Nigerian passports as well and file ASAP. (If any other requirements for children to leave as well)

 

[ossum]

They have an adult to travel with them already - the mother!

The two helpers are family friends? They are volunteers?

Yes, the mother is obviously there, but the airline regs mandate one adult per infant. Yes, they are volunteers. Long time family friends

 

[armoured]

The visitor visa is by default for 6 months. I have booked tickets (flexible) from March 5th till Sept 3rd for both helpers. We may consider extending one if she wants to visit Canada longer

There may be the presumption that the helpers are being paid, if 'visiting' for six months. If it was just for the airline purpose, that might be better understood if they were coming for a short trip.

I don't know, this is just my gut.