Toronto family comes home six years after Canadian citizenship problem

Mix-up caused Canadian citizenship issues for surrogacy-born children

After a six-year Canadian citizenship ordeal, a Toronto family has finally come home with their twin children born to a surrogate in India. Niren and Associates previously wrote about this couple earlier this year.

The couple travelled to India in 2005 to pay a surrogate to help them have a baby, soon after the Canadian government passed a law making it illegal to pay for eggs, sperm or surrogacy in Canada. Their children would be Canadian citizens because they were born to Canadian parents, but a mix-up at the fertility clinic led to one of the twins not being related to the parents – resulting in him being ineligible for automatic Canadian citizenship.

The Canadian parents were then faced with the difficult choice of coming back to Canada without the one child, or remaining in India. The couple stayed in India illegally and were finally able to come back to Canada this week after obtaining an entry visa for their unrelated child.

The couple’s immigration lawyers will file a humanitarian and compassionate grounds application for the child, and later an application for Canadian citizenship.

A similar incident happened once before with a Canadian couple who had twins via a surrogate in India, however both children were completely unrelated to the parents due to a mix-up and the couple chose to leave the children behind.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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