A Comprehensive Guide to Sponsoring a Surrogate Child Born Abroad for Canadian Permanent Residency

Bringing a child into your family through surrogacy is a joyous experience, but it can also raise unique legal and immigration challenges, especially when the child is born outside Canada. For Canadian citizens and permanent residents, sponsoring a surrogate child for permanent residency requires careful planning, compliance with legal frameworks, and proper documentation.

This article aims to provide a comprehensive overview of the process for sponsoring a surrogate child for permanent residency (PR) in Canada, including eligibility criteria, required documents, and application procedures.

Sponsoring a Surrogate Child

Sponsoring a child born through surrogacy can be more complex than sponsoring a biological or adopted child. The key distinction lies in establishing the legal parent-child relationship, which is essential for sponsorship eligibility. A recent change in Canadian citizenship laws now allows Canadian parents to pass on citizenship to their children born abroad even if they are not biologically related to them. This change has significant implications for LGBTQ+ parents and parents experiencing fertility issues who use assisted human reproduction.

Canadian immigration law recognizes three types of parent-child relationships for sponsorship purposes:

• Children born to the sponsoring parent

  
  

• Children not genetically related to the sponsoring parent but born to their spouse or partner at the time of the child's birth

  
  

• Children born through assisted human reproduction technologies, including surrogacy

In surrogacy cases, the child is not automatically considered the legal child of the intended parent(s). The surrogate mother is initially recognized as the legal mother, even if she has no genetic connection to the child. To establish legal parentage, the intended parents must typically obtain a parentage order or declaration from a court or other relevant authority, depending on the country where the surrogacy took place. This order or declaration confirms that the intended parents are the legal parents of the child and are responsible for their care and upbringing. It's important to highlight that if the intended parents are also applying to be permanent residents, they must declare the child on their PR application before they formally get their permanent residency.

Furthermore, children born through international surrogacy with at least one intended parent being a Canadian citizen are considered Canadian citizens from birth. Importantly, this parent does not have to be genetically related to the child; however, they do have to have legal documents proving parentage. The important caveat here is that this rule does not apply to children born to a Canadian permanent resident. Permanent residents cannot pass on citizenship to a child born abroad; in such cases, the child would need to be sponsored for permanent residency.

Family sponsorship is a cornerstone of Canada's immigration system, allowing Canadian citizens and permanent residents to sponsor certain family members to immigrate to Canada. This program aims to reunite families and strengthen social bonds within the country. While commonly used for spouses, partners, and dependent children, it also encompasses other relatives, including adopted children and, in some cases, children born through surrogacy.

Sponsoring Your Surrogate Child: Eligibility and Requirements

Sponsoring a child born through surrogacy presents unique challenges compared to sponsoring a biological or adopted child. The key difference lies in establishing the legal parent-child relationship, which is crucial for sponsorship eligibility.

To sponsor a child born through surrogacy, you must:

Be a Sponsor:

• Age: Be at least 18 years old.

• Residency Status: Be a Canadian citizen, permanent resident, or person registered under the Indian Act.

• Residency in Canada: While Canadian citizens can sponsor from abroad, they must commit to returning to Canada with the child. Permanent residents must be physically present in Canada.

• Financial Responsibility: You must be capable of supporting the child financially to ensure they will not require social assistance.

Child’s Eligibility:

• Be under 22 years old and not married or in a common-law relationship.

• If over 22 years old, the child must have depended on you financially before turning 22 and be unable to support themselves due to a physical or mental condition.

Key Tip: Before initiating the sponsorship process, you must establish legal parentage. If your name is not already on the child’s birth certificate, you may need to obtain a court order or legal declaration of parentage. This process varies by country, so it’s crucial to understand the surrogacy laws in the country where the child was born. Also, ensure the child’s travel documents, including their passport, align with the legal parentage documents, as discrepancies can delay the application process.

Required Documents

The sponsorship application for a surrogate child involves extensive documentation. Here’s what you’ll need:

1. Proof of Canadian Citizenship or Permanent Residency for the Sponsor: Canadian passport, citizenship certificate, or permanent resident card.

2. Proof of Legal Parentage: Amended birth certificate naming you as the parent(s), court order or legal declaration of parentage, if applicable.

3. Surrogacy Agreement: Full details of the surrogacy plan or agreement, including legal documents formalizing the arrangement.

4. Proof of Relationship: Affidavits or declarations confirming the surrogacy arrangement.

5. Child’s Identification Documents: Passport or travel document for the child.

Additional Required Documentation

The IRCC may request specific documents and information not typically included in a standard application. Here are additional items based on the examples provided:

1. Custody Documentation

• Court documents or legal orders proving custody of the child by the sponsor(s).

2. Parental Rights Waivers

• Documentation demonstrating that the surrogate or biological mother waived parental rights.

3. Hospital Records

• Medical records or hospital-issued documents confirming the child’s birth and circumstances.

4. Birth Certificate Clarifications

• If the birth certificate is issued in a different country than the child’s birth or includes unusual circumstances (e.g., missing information about a parent), provide a detailed explanation with supporting evidence.

5. Current Caregivers’ Information

• A list of caregivers responsible for the child in the country of residence, including their contact information and relationship to the child.

Additional Explanations

The IRCC may also require clear and detailed explanations of the following:

1. Reason for Surrogacy Location

• Justify why the surrogacy occurred in a particular country.

2. Residency Discrepancy

• If the sponsor resides in Canada while the child is living abroad, provide a detailed explanation, including plans for the child’s relocation to Canada.

3. Parentage Questions

• If a parent is not listed on the birth certificate, explain the circumstances, including details about the surrogate’s anonymity (if applicable).

Key Tips:

• Ensure completeness: Provide all details in a single, cohesive response to avoid delays.

• Address language requirements: Submit certified translations for documents in languages other than English or French.

• Adhere to submission deadlines: Respond promptly to IRCC’s requests, as missing deadlines may result in application refusal.

The Application Process: A Step-by-Step Guide

The application process for sponsoring a surrogate child generally follows these steps:

1. Obtain a Parentage Order or Declaration: Secure legal recognition as the child's parent by obtaining a parentage order or declaration. This is essential for sponsorship eligibility.

   
   

2. Gather Required Documents: Compile all necessary documents to support your application. These typically include:

   
   

   • Proof of your Canadian citizenship or permanent residency   

     
     

   • Proof of legal parentage (parentage order or declaration)   

     
     

   • The child's birth certificate   

     
     

   • Financial documents demonstrating your ability to support the child   

     
     

   • Other supporting documents, such as police certificates and medical examinations   

     
     

3. Submit the Application: Submit a complete application package to Immigration, Refugees and Citizenship Canada (IRCC) online.

   
   

4. Address Custody Orders and Consent: If applicable, provide proof of your right to remove the child from their current country of residence and obtain written consent from the surrogate mother or legal guardian for the child to immigrate to Canada .   

   
   

5. Processing and Decision: IRCC will review your application and make a decision. Processing times vary, so check the IRCC website for the most up-to-date information (usually between 8 to 24 months).

   
   

6. Entering Canada as a Visitor: Your surrogate child may be able to enter Canada as a visitor while the PR application is being processed . If they do not require a visitor visa, they can enter and remain in Canada during the application review.   

Final Thoughts

Bringing your surrogate child home to Canada is a journey that requires patience, careful planning, and a solid understanding of legal and immigration procedures. By preparing your application thoroughly and seeking expert advice when needed, you can ensure a smooth transition for your family.

If you’re ready to start the sponsorship process or have questions about your specific situation, contact Blacksy Immigration Law Firm today. Let us guide you every step of the way.

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About the Author

I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 

At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.

Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.

Visit us at www.blacksyimmigration.com to learn more or to start your journey.