Can my American baby "step" son get a Canadian passport?

[vermonty]

Wife is Brazilian with a Canadian permanent residency, I am a Canadian by birth. We live in the Boston area, and already have a 5.5-year-old son who was born in Canada.

My wife now has a new baby born in Boston from another father (things got complicated for awhile), but we are still together as a family and not planning to divorce. We put the father's name down on the birth certificate as an act of goodwill to him, and we all are in a good place moving forward.

I would like to get a Canadian passport for the new baby - he is still my stepson, after all, and my wife and I are legal custodians. Baby is only 2 weeks old. Will I have any problems getting a passport for him, please? Thank you!

 

[scylla]

Unfortunately your stepson is not Canadian since neither of his biological parents were Canadian citizens at the time of his birth. As a result, he does not qualify for a Canadian passport. He will have to be sponsored for permanent residency first.

 

[zardoz]

Wife is Brazilian with a Canadian permanent residency, I am a Canadian by birth. We live in the Boston area, and already have a 5.5-year-old son who was born in Canada.

My wife now has a new baby born in Boston from another father (things got complicated for awhile), but we are still together as a family and not planning to divorce. We put the father's name down on the birth certificate as an act of goodwill to him, and we all are in a good place moving forward.

I would like to get a Canadian passport for the new baby - he is still my stepson, after all, and my wife and I are legal custodians. Baby is only 2 weeks old. Will I have any problems getting a passport for him, please? Thank you!

Being your step-son does not, as far as I am aware, entitle him to Canadian citizenship. You would have to legally adopt him, thereby breaking any parental link to the biological and legal father. See a lawyer for professional advice.

 

[canuck_in_uk]

Wife is Brazilian with a Canadian permanent residency, I am a Canadian by birth. We live in the Boston area, and already have a 5.5-year-old son who was born in Canada.

My wife now has a new baby born in Boston from another father (things got complicated for awhile), but we are still together as a family and not planning to divorce. We put the father's name down on the birth certificate as an act of goodwill to him, and we all are in a good place moving forward.

I would like to get a Canadian passport for the new baby - he is still my stepson, after all, and my wife and I are legal custodians. Baby is only 2 weeks old. Will I have any problems getting a passport for him, please? Thank you!

As said above, the baby doesn't qualify for Canadian citizenship and needs to be sponsored for PR. Your wife would need to be the one sponsoring him and since she is a PR, she must actually be residing in Canada to apply. With a US passport, the child should have no issues entering as a visitor while the PR app is being processed.

 

[alphazip]

Wife is Brazilian with a Canadian permanent residency, I am a Canadian by birth. We live in the Boston area, and already have a 5.5-year-old son who was born in Canada.

My wife now has a new baby born in Boston from another father (things got complicated for awhile), but we are still together as a family and not planning to divorce. We put the father's name down on the birth certificate as an act of goodwill to him, and we all are in a good place moving forward.

I would like to get a Canadian passport for the new baby - he is still my stepson, after all, and my wife and I are legal custodians. Baby is only 2 weeks old. Will I have any problems getting a passport for him, please? Thank you!

A man who is married to a woman who gives birth to a child is presumed by law to be the child's father. However, in this instance, by putting another man's name on the birth certificate, you have given up that right. Because of that, the child is not a Canadian citizen.

Since you're in Massachusetts, see: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter209C/Section6

"[A] man is presumed to be the father of a child...if: (1) he is or has been married to the mother and the child was born during the marriage..."

 

[itsmyid]

What is it that so many people in the states all of sudden want a Canadian passport , is it Trump ?

 

[links18]

You must either adopt him or wife must sponsor for PR.

 

[vermonty]

Thanks all for the clarification. It sounds like it really is about who the biological parents are. I had thought that since he was born into my actual family, that I would de facto be a legal guardian or custodian or some kind along with my wife, regardless of who the father was. Looks like I may need to look into this a little bit more.

To answer @Itsmyid who wanted to know why so many people all of a sudden want a Canadian passport - well, first off, I'm a Canadian and so is my son. My wife is a permanent resident of Canada and well on her way to being Canadian. Almost all of my family is from Canada. It isn't because of Trump... although that would make sense! I know that many of my American friends and colleagues are envious of my status as a Canadian especially right now!

 

[itsmyid]

Thanks all for the clarification. It sounds like it really is about who the biological parents are. I had thought that since he was born into my actual family, that I would de facto be a legal guardian or custodian or some kind along with my wife, regardless of who the father was. Looks like I may need to look into this a little bit more.

To answer @Itsmyid who wanted to know why so many people all of a sudden want a Canadian passport - well, first off, I'm a Canadian and so is my son. My wife is a permanent resident of Canada and well on her way to being Canadian. Almost all of my family is from Canada. It isn't because of Trump... although that would make sense! I know that many of my American friends and colleagues are envious of my status as a Canadian especially right now!

You do know your wife won't be eligible for Canadian citizenship by living in Boston right?

 

[zardoz]

My wife is a permanent resident of Canada and well on her way to being Canadian.

Unless you fit into the extremely small subset of people who are part of the physical presence exemption, this is not going to be the case.

http://www.cic.gc.ca/english/citizenship/become-eligibility.asp

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=370&top=5

Can I count any time I’ve spent outside of Canada toward the physical presence requirement when applying for citizenship?
Time spent outside Canada does not count towards the physical presence requirement except in certain circumstances.

You can count time spent outside Canada toward the physical presence requirement for citizenship if you:

Were a permanent resident employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory; or
Resided outside Canada with your:
Canadian spouse or common-law partner, or
permanent resident spouse, common-law partner, or parent
who was employed in or with the Canadian Armed Forces, federal public administration, or public service of a province or territory.
Employment as a locally engaged person is not included.

Only time after becoming a permanent resident counts towards the physical presence requirement.

Residence with a common-law partner can be calculated from the time the common-law relationship began.

Use the online physical presence calculator. Complete and submit the CIT 0177 Residence Outside Canada form when you apply. Citizenship and Immigration Canada will decide whether the time you lived outside Canada is eligible to be counted.

 

[links18]

You do know your wife won't be eligible for Canadian citizenship by living in Boston right?

You don't have to spend every second in Canada to qualify for citizenship. Its 4 years out of the last six. So his wife could live in Boston for a stretch of time and still be in the process of qualifying for Canadian citizenship depending on the facts.

 

[itsmyid]

You don't have to spend every second in Canada to qualify for citizenship. Its 4 years out of the last six. So his wife could live in Boston for a stretch of time and still be in the process of qualifying for Canadian citizenship depending on the facts.

Of course you are right. But my guess is they have been in Boston for some time and sounded more like something 'permanent' based on the narrative provided, and there's no mention of any plan of moving back

 

[alphazip]

Thanks all for the clarification. It sounds like it really is about who the biological parents are.

No, in a marriage, the husband is the father. That goes back to English common law and predates DNA testing by centuries. By putting another man's name on the child's birth certificate, you caused the child to not be a Canadian citizen.

 

[PMM]

Hi

No, in a marriage, the husband is the father. That goes back to English common law and predates DNA testing by centuries. By putting another man's name on the child's birth certificate, you caused the child to not be a Canadian citizen.

1. Not necessarily with Canadian Immigration. There are a number of cases where a husband has been claimed as a father on the birth certificate and IRCC has requested DNA testing and the child is not the father's and they will refuse based on the DNA testing.

 

[alphazip]

Hi

1. Not necessarily with Canadian Immigration. There are a number of cases where a husband has been claimed as a father on the birth certificate and IRCC has requested DNA testing and the child is not the father's and they will refuse based on the DNA testing.

While this may be true in unusual cases (mainly where the parents are not married), it is highly unlikely that IRCC would have contested a routine application for proof of citizenship where the husband is listed as the father on the child's birth certificate. I was issued a citizenship certificate and all I had to demonstrate my parentage was my birth certificate. There would have been nothing about the OP's case that would have been any different, unless, of course, the birth father had raised an objection.

http://www.cic.gc.ca/english/resources/tools/cit/admin/id/parent.asp

"The following documents (photocopies) can be accepted to establish parentage between the child and a parent who was a Canadian citizen at the time of the child’s birth or adoption, became a Canadian citizen after the child’s birth or adoption, or has a concurrent application for citizenship in process:

-the child’s birth certificate showing the name of the child and the name of the parent."