Canada PR for surrogacy child born outside Canada?

[GeneralGeorgina]

Hi All,
Please what is the process and which form will be used to apply for Canada PR for surrogacy child born outside Canada?
Thank you.

 

[Naturgrl]

Hi All,
Please what is the process and which form will be used to apply for Canada PR for surrogacy child born outside Canada?
Thank you.

Are you a citizen?

 

[GeneralGeorgina]

PR not citizen.

 

[scylla]

PR not citizen.

You need to sponsor the child for PR once you have returned to Canada. You follow the normal process for sponsoring a dependent child.

 

[Naturgrl]

PR not citizen.

So you need to check Canadian adoption and surrogacy laws, and should be working with an immigration lawyer too. Canada does not recognize some countries for international adoption. It gets complicated on who is the biological parents.

Being PR, you cannot sponsor the child for PR from outside Canada. You need to be inside to sponsor for PR. Do you meet RO? So you will need to either return to Canada, or wait in the country, get passport, and try and apply for the child’s TRV. Most likely refused, so decide on whether to return to Canada and apply for PR. You must wait in Canada during the process. Or try for TRP. Overall the process will take a long time.

 

[GeneralGeorgina]

So you need to check Canadian adoption and surrogacy laws, and should be working with an immigration lawyer too. Canada does not recognize some countries for international adoption. It gets complicated on who is the biological parents.

Being PR, you cannot sponsor the child for PR from outside Canada. You need to be inside to sponsor for PR. Do you meet RO? So you will need to either return to Canada, or wait in the country, get passport, and try and apply for the child’s TRV. Most likely refused, so decide on whether to return to Canada and apply for PR. You must wait in Canada during the process. Or try for TRP. Overall the process will take a long time.

please it is surrogacy (one biological parent) and not adoption.

 

[GeneralGeorgina]

So you need to check Canadian adoption and surrogacy laws, and should be working with an immigration lawyer too. Canada does not recognize some countries for international adoption. It gets complicated on who is the biological parents.

Being PR, you cannot sponsor the child for PR from outside Canada. You need to be inside to sponsor for PR. Do you meet RO? So you will need to either return to Canada, or wait in the country, get passport, and try and apply for the child’s TRV. Most likely refused, so decide on whether to return to Canada and apply for PR. You must wait in Canada during the process. Or try for TRP. Overall the process will take a long time.

What is RO?

please it is surrogacy (one biological parent) and not adoption.

 

[scylla]

So you need to check Canadian adoption and surrogacy laws, and should be working with an immigration lawyer too. Canada does not recognize some countries for international adoption. It gets complicated on who is the biological parents.

Being PR, you cannot sponsor the child for PR from outside Canada. You need to be inside to sponsor for PR. Do you meet RO? So you will need to either return to Canada, or wait in the country, get passport, and try and apply for the child’s TRV. Most likely refused, so decide on whether to return to Canada and apply for PR. You must wait in Canada during the process. Or try for TRP. Overall the process will take a long time.

The child should not have to be adopted and should be classified as a dependent based on surrogacy provided the surrogacy requirements are met. This link may help the OP: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

 

[scylla]

please it is surrogacy (one biological parent) and not adoption.

No adoption should be required. Read this: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/dependent-children.html

 

[Naturgrl]

What is RO?

please it is surrogacy (one biological parent) and not adoption.

Residency Obligations. Is the biological parent the PR. You really need professional advice. Bottomline you cannot sponsor your infant for PR until you return to Canada.

 

[GeneralGeorgina]

Yes, the biological father is the PR.

but the newly born cannot be left outside Canada alone....

 

[Naturgrl]

Yes, the biological father is the PR.

but the newly born cannot be left outside Canada alone....

Doesn’t matter. The father must be in Canada to apply for PR. So already told you the options above. Once child is born, all paperwork finalized, passport in hand, apply for a TRV. Wait. If refused, apply for TRP and see if child be approved. If refused, no option but for fatther to come to Canada.

 

[scylla]

Yes, the biological father is the PR.

but the newly born cannot be left outside Canada alone....

You can try applying for a TRV for the newborn to bring the child to Canada before PR. Or a TRP if the TRV is refused.

As already said, it is not possible to sponsor the child for PR from outside of Canada. At least one of the parents must be living in Canada. This is mandatory.