IVF babies born in India testing Canada’s citizenship laws – Hindustan Times
2015/01/10 1 Comment
One of the latest complexities in citizenship:
At least two cases of children conceived artificially and born overseas are challenging Canada’s hereditary citizenship laws, which stipulate that a child must be genetically related to at least one parent to be considered Canadian. The cases involve children who were conceived via in-vitro fertilization (IVF) using sperm and egg from anonymous donors and are therefore not genetically related to either parent.
In one case involving a British Columbia couple, the embryo was implanted in the woman who hoped to become the mother. In another, the embryo was implanted in a surrogate. Both children were born in India.
The BC case became the subject of repeated court challenges after an immigration officer ruled the child, a girl born in 2009, was not eligible for citizenship through descent because she had no genetic relationship to her Punjabi-origin Canadian father, Malkiat Kandola. He was applying to sponsor his wife as a permanent resident when the child, Nanakmeet, was born.
“For the purposes of determining citizenship by birth outside Canada to a Canadian parent (derivative citizenship), Canadian law relies on evidence of a blood connection (or genetic link) between parent and child which can be proven by DNA testing,” the immigration officer explained in a letter to Kandola.
“This principle … has deep historical roots both in Canada and internationally, and it is evident from the legislative history of the [Act] that Parliament has always intended the term ‘parent’ to refer to genetic parents for derivative citizenship purposes.”
IVF babies born in India testing Canada’s citizenship laws – Hindustan Times.
About Andrew
Multicultural Meanderings 
I would assume the laws were made long before IVF became a possibility for persons wanting to have a child. I understand there have been some difficulties for people obtaining citizenship for children adopted internationally but it does happen. Would it not be a good move to change the law so that children born with assistance of IVF to become citizens in a similar process? It seems harsh to deny them citizenship on the basis of lack of matching DNA. And, as Canada is not supposed to leave anyone stateless, what if the birth country denies them citizenship as well?
I would like to see Canada’s immigration and citizenship laws reflect a more open-minded and compassionate attitude, particularly toward children who could become our future.