Surrogacy in Ontario
Surrogacy in Ontario
Whether you are thinking about creating your family through Surrogacy or you want to become a surrogate mother in Ontario you should know that Surrogacy in Ontario is legal. Ontario is a Surrogacy Friendly Province in Canada, similar to Alberta and British Columbia.
If you pursue surrogacy in Ontario (Canada), no genetic connection is required between the parents and the child to be named in the birth certificate.
The All Families are Equal Act allows two processes to get the birth certificate in Ontario:
- Administrative process: Pursuant to the Vital Statistics Act of Ontario and the Children’s Law Reform Act of Ontario and no earlier than seven days after the birth, the Surrogate will provide the Intended Parents with a sworn Statutory Declaration. Thereafter, the Intended Parents will complete their own Statutory Declaration and Statement of Live Birth and file all three documents with the Office of the Registrar General.
- Court process: In this case, the Intended Parents will make an application in the Ontario Superior Court of Justice, seeking a declaration of parentage on their part, and a declaration of non-parentage on the part of the Surrogate (and her Husband if applicable). In this case a DNA testing can be requested.
International Intended Parents needs to confirm with a lawyer in their county weather a court order is required or not.
In order to access the registration process, there must be a pre-conception written surrogacy agreement and both parties need independent legal advice.
If you find surrogate mother in Ontario you need to know that the surrogacy agreement is unenforceable by law, but It may be used as evidence of: a) the intended parent’s intention to be a parent of a child b) a surrogate’s intention to not be a parent of that child.
Toronto is the largest city of Canada and the main surrogacy clinics and family layers are located in Toronto, however the surrogates can live and deliver the babies in other cities and towns across Canada.
If you do decide to move forward with surrogacy in Ontario, be sure to contact a reputable attorney for more information about the process.
Learn more about Surrogacy in Canada.