Using surrogates in foreign countries - just a thought....

[canindian]

I was watching a news article last night about women using surrogates in foreign countries. (Not sure I agree with it, but that is a different discussion for another day.) What I was wondering was what the precident was on immigration for the new born as they didn't mention it on the news piece. Perhaps it wasn't considered.

Would the baby technically be Canadian as the egg and sperm are from Canadian parents (DNA tests would prove that) and therefore do they have to sponsor the child to bring it home. Or because the baby is born in a foreign country to a foreign woman, even though acting as a surrogate is it considered a non-Canadian?

Just a thought. As I mentioned, I was just thinking of it as I saw the article on the news not because it is a situation that I or a friend of a friend is in

 

[confusednscared]

I think it's an interesting topic. From my knowledge in immigration after battling with the process for years and learning some new each time I dig deeper I think the child would automatically be Canadian because it's an egg and sperm from Canadian parents. However, there may be need for some sort of DNA to prove the child is of the Canadian parents. Another thing that comes to mind is the legal steps the Cdn parents have taken to reproduce this offspring and whether or not it's done through an agency affiliated in Canada or international.

In all honesty as I typed and kept thinking of this topic, I think it would be much of a debate with CIC and the Cdn parents. I mean, CIC could argue and say the child isn't conceived by a Canadian, therefore, it's non-Canadian ... then they can say, there is Canadian blood in the child through genetics, therefore it's Canadian whether or not the off spring was produced natural or in-vitro.

These are just my thoughts and I don't mean to offend anyone or convince you that this is how the process works. I am certain there will be other inputs on the topic from other members.

Thanks for posting though. I am curious to read what some of the responses will be.

Best,
Confused

 

[matthewc]

I think it's an interesting topic. From my knowledge in immigration after battling with the process for years and learning some new each time I dig deeper I think the child would automatically be Canadian because it's an egg and sperm from Canadian parents.

Yeah, you'd think that, but it's not actually the case. See OP2 section 5.14. In the case described, the child would have to be legally adopted by the Canadian parents.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

"If the child was born through a surrogacy arrangement, however, the child will legally be the child of the
surrogate mother who gave birth until a subsequent adoption occurs that would create a legal
parent/child relationship."

 

[canindian]

Thanks for the input Matthew.

I guess the arguement is....do you really have to adopt your own flesh and blood. For lack of a better word, the surrogate in this case would be more like a breadmaker. Pop the ingredients in and cook it. The egg nor the sperm belonged to her. I could understand the adoption route more if it was a donor egg or sperm, so would not be a DNA match to the parents.

What would happen if you were a pregnant Canadian woman who gave birth overseas. Do you have to sponsor the baby as a foreigner? I have read posts when one of the parents is Canadian and the other is in their home country and has the baby, then the baby needs to be sponsored. But in the case of a Canadian, I would think they just show the birth cert of the baby and mother and get the passport.(perhaps I am completely wrong on that assumptions) In the case of the surrogate, shouldn't it be the same?

I didn't realize it was already covered in the manual! They think of everything don't they....

Really interesting topic! Thanks for sharing your input.