Who is on the birth certificate after a surrogacy birth in Canada?

In most situations the intended parents are named as the legal parents, but how that happens depends on the province. In Ontario, intended parents can be recognized without a court order when the surrogate consents in writing after the birth. Other provinces, such as Alberta, generally use a court order, and Quebec has its own notary-based process.

By Robyn Price

In most situations the intended parents are named as the legal parents, but how that happens depends on the province. In Ontario, intended parents can be recognized without a court order when the surrogate consents in writing after the birth. Other provinces, such as Alberta, generally use a court order, and Quebec has its own notary-based process.

Not every province uses the same process. You can read the laws yourself: Ontario's Children's Law Reform Act, British Columbia's Family Law Act and Alberta's Family Law Act. Your lawyer will tell you which steps apply where your surrogate lives and delivers.

Read more: The Legal Framework for Surrogacy in Canada.

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