Surrogacy Law – Nova Scotia

NOVA SCOTIA:

  1. Establishment of parentage is available administratively; no DOP required provided certain pre-conception criteria are met; however, a DOP is available if IPs wish to pursue it or if pre-conception criteria not met.
  2. Child must be conceived using ART (not sexual intercourse).
  3. Birth initially registered in name of GC as ‘mother’.
  4. Genetic link between at least one IP and child must exist for IPS to obtain parentage, regardless of whether IPs pursue DOP or administrative route.
  5. For administrative route, after birth:
    -a Statutory Declaration must be filed with the provincial Registrar affirming that a written agreement is in place (must be in place prior to child being conceived) and that all parties had ILA;
    -written consent of the GC to relinquish child to the IPs is required; and
    -on receipt of required documents, Registrar ‘may’ amend the initial birth registration (contrast to the DOP route, which provides that upon receipt of a DOP, the Registrar ‘must’ amend the initial birth registration).
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OVERVIEW:

  1. Parentage is legislated provincially and is governed by the laws of the Province in which the surrogate gives birth. A court ordered Declaration of Parentage is required in each Province EXCEPT: Ontario, British Columbia, Quebec and Nova Scotia, where an administrative route in available to Intended Parents provided certain pre-conception criteria are met. The administrative route is generally less complex, less costly and can be completed more quickly.
  2. Parentage requires a genetic link between the child and at least one of the Intended Parents in: Nova Scotia and Alberta.
  3. All Canadian Provinces are inclusive of same sex marriages/common law relationship.
  4. In Canada, no pre-birth orders are available. A court ordered Declaration of Parentage can ONLY be obtained AFTER the child’s birth.

**Please be advised that the following is not, and should not be construed as, legal advice. Provincial laws, regulations, rules and processes change from time to time, and each Province has its own specific protocols that may not be reduced to writing. Please ensure you obtain legal advice prior to making the important decision of choosing your surrogate, to ensure the corresponding birth registration laws best support your specific fertility situation.

Abbreviations: 

“ART”=Assisted Reproductive Technology

‘GC’= Gestational Carrier/Surrogate

‘IP’ = Intended Parent(s)’

‘IM’=Intended Mother

‘IF’=Intended Father

‘DOP’= Declaration of Parentage (via Court order)

‘ILA’= Independent Legal Advice