Legal Parentage 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 provides both applications for declarations of parentage and non-parentage as well as second parent adoption services.
Declaration of Parentage and Non-Parentage
In all situations in Ontario where a child is born through surrogacy (whether gestational surrogacy or traditional surrogacy), an application ought to be brought before the court declaring the intended parents as the legal parents of the child. Without this step, the child cannot be properly registered as the child of the intended parents. Fertility Law Canada is frequently before the Ontario courts successfully obtaining declarations of parentage for parents of children born through surrogacy.
Known Donors - Declaration of Parentage or Second Parent Adoption
Depending on the situation, a further legal process may be necessary to secure the legal parentage of intended parents for children born with the help of a known sperm donor, known ova donor or embryo donor. There are various reasons intended parents would choose an application for a declaration of parentage or a second parent adoption process, and these two processes ought to be considered and discussed with legal counsel. These processes are especially relevant for lesbian mothers. Please be certain to contact a lawyer before the birth of your child so that appropriate steps are taken.