Canadian citizenship by descent questions for children of a sperm donor

[OntarioDonor]

I am a Canadian citizen by birth.

If I have a baby with an American woman, I understand that the baby would be eligible for Canadian citizenship by descent.

According to "Application for a citizenship certificate under Section 3 — Proof of citizenship (CIT 0001)" the baby would need
- "Two (2) pieces of personal identification, such as a passport, a driver's licence and a health insurance card, one of which must have your photo on it;"
+++What ID would be acceptable for a baby? Or is there a different form that should be used for a baby?
- "A birth certificate which lists your parents"
+++Is there another way to show paternity that would be acceptable? The mother either will leave the spot for the other parent's name blank, or will put the name of her current spouse there.

The application form refers to "Natural parent" but does not define this term anywhere. I assume, as the biological father, I would be the natural parent, even if I am no longer the legal parent because of a second/step parent adoption? I'm asking because the American woman's partner has the intention second/step parent adopting the child.

 

[screech339]

Not sure if this situation applies to you. You are a donor but not the legal parent or guardian. If this applies as you think it does, everyone at the donor bank would be asking for Canadian donor sperm or egg so that their baby will be Canadian by descent.

CIC has special rules over how child of donor egg and sperm applies acquire citizenship.

 

[Goldline]

I am a Canadian citizen by birth.

If I have a baby with an American woman, I understand that the baby would be eligible for Canadian citizenship by descent.

.

The application form refers to "Natural parent" but does not define this term anywhere. I assume, as the biological father, I would be the natural parent, even if I am no longer the legal parent because of a second/step parent adoption? I'm asking because the American woman's partner has the intention second/step parent adopting the child.

Yes, I guess you can apply for a prove of citizenship for your child. It does not matter where he lives now and with whom.

 

[screech339]

Yes, I guess you can apply for a prove of citizenship for your child. It does not matter where he lives now and with whom.

The thing is that it is not his child. He is a donor for the child. He is not a legal parent or guardian. Difference rules apply here.

The adopting parents are the one who will have to apply for citizenship. The parents will be legal parents as if it their natural child, regardless of how the child was conceived through IVF or donor egg or sperm. The child will be getting citizenship of the parents. If they don't have Canadian citizenship themselves, they as parents cannot pass on citizenship to their birth of the child, despite donor sperm being Canadian.

 

[catchvb]

I don't get it. If you are a sperm doner and love so much that you want the child to have Canadian citizenship, why cant you be the legal guardian and take care of your child.
I am not sure how CIC will consider it.

 

[OntarioDonor]

After reading a couple of responses, I need to clarify something - I am not an anonymous donor.

I would be the legal father of the child, until a step/second parent adoption takes place.

The situation would be the equivalent of a Canadian guy going on vacation in the US, getting an American woman pregnant, and then having her partner second/step parent adopt the child. (Except without going on vacation, and without having sex.)

In the above situation, after the adoption, would the biological father still be considered the "Natural Parent", or would the mother's partner (wife in this case) be considered the "Natural Parent"?

And if the mother puts her wife's name on the birth certificate instead of mine, is there some other acceptable way of proving paternity? I want descendants of mine to have the advantage of Canadian citizenship, if it isn't to risky or costly to make it happen.

 

[PMM]

Hi

After reading a couple of responses, I need to clarify something - I am not an anonymous donor.

I would be the legal father of the child, until a step/second parent adoption takes place.

The situation would be the equivalent of a Canadian guy going on vacation in the US, getting an American woman pregnant, and then having her partner second/step parent adopt the child. (Except without going on vacation, and without having sex.)

In the above situation, after the adoption, would the biological father still be considered the "Natural Parent", or would the mother's partner (wife in this case) be considered the "Natural Parent"?

And if the mother puts her wife's name on the birth certificate instead of mine, is there some other acceptable way of proving paternity? I want descendants of mine to have the advantage of Canadian citizenship, if it isn't to risky or costly to make it happen.

1. Once the adoption takes place it severs all ties with the "natural" parent. If neither the mother or adoptive father are Canadians, then the child has no claim to Canadian citizenship through decent.

 

[OntarioDonor]

Once the adoption takes place it severs all ties with the "natural" parent. If neither the mother or adoptive father are Canadians, then the child has no claim to Canadian citizenship through decent.

So the citizenship by descent would have to be done before the adoption?

What if the person doing the adoption is a woman, so that the parents in the USA are a birth mother and her wife?

 

[screech339]

I just think that unless your name is listed on the child's birth certificate, the child will not have any claim to Canadian citizenship. Do you honestly think that the two women will want to list your name in the child's birth certificate since you were strictly a sperm donor in their view?

If the woman cannot list her other woman as the other parent on the birth certificate, she can still leave the natural father's name as unknown or blank. You will still be out of luck as the certificate still doesn't list you as the father.

Do you really want to fight these two women to get DNA test done so you can pass citizenship on to child? It's these two women's decision on whether they want their child to have canadian citizenship or not.

The child will be born American and if they want their child to have Canadian citizenship by descent through you, they have to list your name on the birth certificate. Once they do that, if they still doesn't want their child to have Canadian citizenship, the child can apply for proof of citizenship when he/she becomes an adult.

You also have to keep in mind that if they decided to put your name on birth certificate, there is some risk to it as they can legally go after you for child support payments if, in the future, money is an issue, since you are legally the father. Something to think about.