Surrogacy In Nigeria -

[richardojel]

Wondering If someone has some answers
We are planning to have a baby born through a surrogacy in Nigeria. We are Canadian Citizens by birth so the child will be Canadian by descent.
We will use an egg donor , my sperm with embryo carried by a surrogate.
How do we go about preparing Travel documents for the baby to him/her home asap ? Do we apply for passport or a certificate of proof of Canadian citizenship .
How do we go about legalizing the baby born abroad in Quebec, our hometown?

 

[YVR123]

This is a bit dated news. But I think the general idea still applies.
https://www.cbc.ca/news/canada/british-columbia/avoid-international-surrogacy-says-expert-in-wake-of-b-c-couple-s-fight-for-twins-1.2934746

This is an updated link to the link referenced in the cbc news.

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

 

[richardojel]

This is a bit dated news. But I think the general idea still applies.
https://www.cbc.ca/news/canada/british-columbia/avoid-international-surrogacy-says-expert-in-wake-of-b-c-couple-s-fight-for-twins-1.2934746

This is an updated link to the link referenced in the cbc news.

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

Thanks I have read that piece and that’s why I know my child will be granted citizenship by birth. Questions still arise on do I submit an application for passport or what travel documents will allow me to travel back to Canada with my child quicker ?

 

[Buletruck]

I’d be retaining the services of a lawyer, both in Canada and Nigeria. It doesn’t look like a simple process.

“In these cases, the birth certificate and/or documentation issued at the time of the child’s birth will be assessed to confirm the parent’s eligibility to pass down Canadian citizenship by descent. For those who are not recognized as the legal parent at birth , but who have claimed a biological connection with their child, DNA testing or hospital records may be requested to support the biological connection.”

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

 

[richardojel]

Yep, Is there anyone who can recommend a lawyer in Quebec who specializes in family law/International surrogacy ?

 

[richardojel]

I may be getting closer to an outline of documents and steps to take..

Step 1
Since, I am a Canadian citizen by birth, the child will be a citizen by descent.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365&top=5

Step 2
What travel documents do I need in order to bring my child back to Canada with me.

From this article
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/about.html

A passport is not required for a child under 15 if they possess a Canadian Citizenship Certificate abroad however this takes 17 months so this is out of the question.

- I can apply for a Canadian passport but since the child is born abroad and the birth certificate Issued would be a Nigerian, I have to submit proof the child's proof of Canadian citizenship ( which is through the Citizenship certificate which takes 17 months)

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/child-passport/abroad.html

Step 3 - I feel the only option available to us would be to get a Nigerian Passport with a F-1 Visa. Once the child is on Canadian soil, I can apply for the child's citizenship in Canada in order to apply for a Canadian passport.

Step 4 - What is the duration to obtain a Nigerian Passport and Visa ... ???
Step 5 - In the interim obtain travel Insurance/private insurance for the baby.
Step 6 - Inform the Quebec https://educaloi.qc.ca/en/capsules/registering-the-birth-of-a-child/ ( In Quebec, parents must declare the birth of their child to a government agency called the Directeur de l’état civil (registrar of civil status). The agency uses this declaration to draw up a very important document: the “act of birth ) This will allow my child to obtain SIN number, Medicare card and act of birth certificate.

 

[canuck78]

Yep, Is there anyone who can recommend a lawyer in Quebec who specializes in family law/International surrogacy ?

Do some google searching. There aren’t that many lawyers that specialize in surrogacy so you won’t have a huge list. You’ll need a lawyer in Nigeria as well.

 

[canuck78]

I may be getting closer to an outline of documents and steps to take..

Step 1
Since, I am a Canadian citizen by birth, the child will be a citizen by descent.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=365&top=5

Step 2
What travel documents do I need in order to bring my child back to Canada with me.

From this article
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/proof-citizenship/about.html

A passport is not required for a child under 15 if they possess a Canadian Citizenship Certificate abroad however this takes 17 months so this is out of the question.

- I can apply for a Canadian passport but since the child is born abroad and the birth certificate Issued would be a Nigerian, I have to submit proof the child's proof of Canadian citizenship ( which is through the Citizenship certificate which takes 17 months)

https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-passports/child-passport/abroad.html

Step 3 - I feel the only option available to us would be to get a Nigerian Passport with a F-1 Visa. Once the child is on Canadian soil, I can apply for the child's citizenship in Canada in order to apply for a Canadian passport.

Step 4 - What is the duration to obtain a Nigerian Passport and Visa ... ???
Step 5 - In the interim obtain travel Insurance/private insurance for the baby.
Step 6 - Inform the Quebec https://educaloi.qc.ca/en/capsules/registering-the-birth-of-a-child/ ( In Quebec, parents must declare the birth of their child to a government agency called the Directeur de l’état civil (registrar of civil status). The agency uses this declaration to draw up a very important document: the “act of birth ) This will allow my child to obtain SIN number, Medicare card and act of birth certificate.

Your child may not be granted a TRV with a Nigerian passport because they aren’t a visitor. You’ll need to get the Nigerian passport and then apply for temporary documents to hopefully travel to Canada where you can sponsor the child. Nigeria isn’t known as a surrogacy destination so you really need to look into the laws there especially because you are using an egg donor. You really need 2 lawyers to make sure this plan works and you don’t run into any issues.

 

[YVR123]

And it's illegal to pay for surrogacy in Canada. Not sure about that in Nigeria by a Canadian. So as suggested consult lawyers in both countries.

 

[Buletruck]

“In these cases, the birth certificate and/or documentation issued at the time of the child’s birth will be assessed to confirm the parent’s eligibility to pass down Canadian citizenship by descent. ”

This is the statement I’d be concerned about. Despite being a citizen, it’s still IRCC that’s going to make the determination. It doesn’t seem to be a cut and dry process.

 

[richardojel]

Your child may not be granted a TRV with a Nigerian passport because they aren’t a visitor. You’ll need to get the Nigerian passport and then apply for temporary documents to hopefully travel to Canada where you can sponsor the child. Nigeria isn’t known as a surrogacy destination so you really need to look into the laws there especially because you are using an egg donor. You really need 2 lawyers to make sure this plan works and you don’t run into any issues.

Technically until proof is provided the child is Nigeria by birth. As long as I have travel documents ( Nigerian Passport with a Visa ) this should be sufficient. I just need someone from the Canadian embassy in Nigeria to confirm that they will issue such visa and the duration to Issue.

 

[scylla]

Technically until proof is provided the child is Nigeria by birth. As long as I have travel documents ( Nigerian Passport with a Visa ) this should be sufficient. I just need someone from the Canadian embassy in Nigeria to confirm that they will issue such visa and the duration to Issue.

The Embassy won't confirm this. There's no way to know what the outcome of the visitor visa will be ahead of time. It may be an approval or it may be a refusal. Your plans need to take this uncertainty into account and you need to have a plan in place in the event the TRV is refused.

 

[richardojel]

Noted. I have contacted the embassy prior and was advised to contact IRCC. I'll wait for an update.

 

[scylla]

Noted. I have contacted the embassy prior and was advised to contact IRCC. I'll wait for an update.

IRCC won't help you unfortunately in terms of guaranteeing that a TRV will be approved. They simply don't make commitments like this. You won't know the outcome until you apply and receive the decision. You really need a "plan B" if you are going to go the TRV route.

 

[canuck78]

Technically until proof is provided the child is Nigeria by birth. As long as I have travel documents ( Nigerian Passport with a Visa ) this should be sufficient. I just need someone from the Canadian embassy in Nigeria to confirm that they will issue such visa and the duration to Issue.

The big issues is that the child isn’t a Nigerian visitor so it may not be possible to get a TRV for the child since it is pretty clear they aren’t an actual visitor. This is why you really need lawyers on each ends. Canada is very careful when it comes to surrogacy and adoption oversees because unfortunately there have been people taken advantage of or mistreated.