Surrogacy Law – Ontario

ONTARIO:

  1. Establishment of parentage is available administratively; no DOP required provided certain pre-conception criteria are met; however, a DOP is required if pre-conception criteria not met or there are more than four intended parents.
  2. Legislative criteria for administrative route include:
    -child conceived using ART (not sexual intercourse);
    -pre-conception written agreement;
    -all parties had ILA on the agreement;
    -written consent of the GC to relinquish child to the IPs after the birth; cannot be until child is at least 7 days old; and
    -no more than four intended parents.
  3. DOP:
    -required if pre-conception criteria for administrative filing not met and/or there are more than 4 intended parents;
    -depending on which Ontario court the DOP proceeds, the matter may be decided in as little as 1-2 days after the documents are filed with the court;
    -certified copy of DOP Court order must be provided to the Registrar so the birth can be registered in the names of the IPs without reference to the GC; and
    -court application must be brought within one year of birth, or permission of the court is required to proceed.
  4. No genetic link required for either administrative or DOP route.
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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