Born Canadian? Citizenship of babies born using new fertility methods sometimes unclear

One of the complexities in citizenship policy related to new fertility techniques and the question of a genetic link. Not addressed in the proposed Citizenship Act revisions. While the number of cases is relatively small, they are hard on the families involved but also raise issues as to whether surrogacy should be encouraged in developing countries, where women may be more desperate and vulnerable:

Even the judge who wrote last week’s Federal appeal court’s majority decision said Parliament should consider developing new legislation to address some of the issues.

Under the current law, for instance, a foreign-born baby with non-Canadian parents would automatically become a citizen merely if the sperm or eggs used in assisted reproduction happened to originate from a Canadian donor, suggested Justice Marc Noel.

The current policy requiring a genetic link also creates “an unequal treatment between children of Canadian citizens depending on the manner in which they were conceived,” he wrote.

On the other hand, any child born on Canadian soil is automatically a citizen, even if the parents are not citizens, they used IVF and the sperm and eggs came from donors outside this country, said Michelle Flowerday, a Toronto-based fertility lawyer.

Born Canadian? Citizenship of babies born using new fertility methods sometimes unclear.