Legal Parentage and Birth Registration in Ontario
There are various situations in which parents of children born through assisted reproductive technologies need to take further steps to secure the legal parentage of the child. Fertility Law Canada assists with birth registration processes for children born in the Province of Ontario, and provides services for intended parents who require applications for declarations of parentage and non-parentage in Ontario, as well as second parent adoption or step-parent adoption services.
Declaration of Parentage and Non-Parentage
The All Families are Equal Act changed the law in Ontario so that in many circumstances, declarations of parentage or second parent adoptions are no longer necessary to register the child's birth in the parent's name. However, there remain some situations in Ontario where a child is born through surrogacy (whether gestational surrogacy or traditional surrogacy), and an application ought to be brought before the court declaring the intended parents as the legal parents of the child and declaring that the surrogate is not a parent of the child. Fertility Law Canada can discuss with you which process or processes are best for your specific situation. Fertility Law Canada is frequently before the Ontario courts successfully obtaining declarations of parentage for parents of children born through surrogacy.