Legal parentage is the formal recognition of a child’s parent(s), as reflected on the child’s birth certificate and/or confirmed by a court order. It establishes who has the legal rights and responsibilities for the child, including custody, decision-making, inheritance, and citizenship. In fertility law, securing legal parentage for the individuals who intend to be the child’s parents—and rebutting any presumptions in favour of those who do not – is essential. At Flowerday Fertility Law, guiding clients through this process is a central and deeply rewarding part of our work.
The process for establishing legal parentage in a surrogacy arrangement depends on the laws of the province where the child is born. In many provinces, Intended Parents must apply to the court for a Declaration of Parentage after birth. This confirms their legal parentage and removes any legal connection between the Surrogate and the child. In some provinces – such as Ontario – an administrative process is available, allowing Intended Parents to apply directly to the Registrar General without going to court. This option is only available in specific circumstances and has its own set of criteria, benefits, and limitations. At Flowerday Fertility Law, we help Intended Parents understand which routes are available and guide them through the process that best fits their situation and legal needs.
No, the Surrogate’s name will not appear on the child’s final birth certificate. In Ontario, the legal process to establish parentage is completed before birth registration, so the Intended Parents’ names appear on the birth certificate from the outset. In other provinces, the process may differ. The Surrogate may be temporarily listed on the initial birth registration, especially in jurisdictions where she is presumed to be a parent at birth. Once legal parentage is established – whether through a court order or an administrative process – a new birth certificate is issued naming the Intended Parents as the child’s legal parents. At Flowerday Fertility Law, we’ll guide you through this process from start to finish, ensuring the correct names appear on your child’s birth certificate and that you have the proper documentation for parenting, travel, and citizenship purposes.
No, both Intended Parents do not need to be genetically related to the child to be recognized as legal parents. In fact, genetic connection is not always a requirement for legal parentage in Canada—it depends on the province and who is giving birth. If one of the Intended Parents is giving birth, the presumption of parentage applies, and genetic connection is not required. However, if a Surrogate is giving birth, that presumption must be rebutted, and some provinces require at least one Intended Parent to have a genetic link to the child. Ontario does not require either parent to be genetically related in a surrogacy arrangement, allowing for broader inclusion of Intended Parents. It’s essential to understand the legal parentage rules—including those related to genetics—in the province where the child will be born. Flowerday Fertility Law will help you navigate these requirements with clarity and care.
It’s best to begin planning for the legal parentage process as early as possible—ideally well before the baby is born. Early preparation helps avoid delays in confirming your legal status as parents and ensures that everyone involved understands their roles and responsibilities from the outset. At Flowerday Fertility Law, we begin laying the legal groundwork in advance so you’re fully prepared when the time comes. In Ontario, we typically send a letter to the hospital and relevant health care providers around 24 weeks’ gestation. Among other things, this letter confirms that the Intended Parents are to be recognized as the child’s medical decision-makers, helping to ensure a respectful and well-coordinated birth experience.
Thoughtful early planning not only protects your legal rights—it also contributes to a smooth, positive, and rewarding experience for the Intended Parents and the Surrogate, while helping to ensure a safe and supported arrival for the child.
The legal parentage process typically takes 2 to 4 weeks, but the exact timeline can vary depending on the province of birth and whether the judicial or administrative route is followed. In provinces where a court application (judicial route) is required, the process may take a bit longer due to court availability and local procedures. In jurisdictions like Ontario, where an administrative process is available, the timeline is often shorter – provided all criteria are met and the necessary documents are in place. At Flowerday Fertility Law, we work proactively to prepare for your post-birth legal parentage process well in advance, so everything is ready when the time comes. Our goal is to ensure the process moves as smoothly and efficiently as possible – so you can focus on what matters most: parenting your new baby.
