Surrogacy Law – New Brunswick

NEW BRUNSWICK:

  1. No specific surrogacy legislation.
  2. Establishment of parentage requires a DOP.
  3. Birth initially registered in name of GC as ‘mother’ and if she is unmarried or separated, IF as ‘father.
  4. DOP required to change the initial birth document to remove GC (and her spouse, if applicable) and insert IM as ‘mother’ and if applicable, IF as ‘father’.
  5. On receipt of DOP (can be from another Canadian jurisdiction), Registrar will amend the birth registration to remove GC as ‘mother’ and insert IM as ‘mother’.
  6. Legislation does not indicate a required genetic link.
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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