DECLARATION OF PARENTAGE
Ontario jurisprudence presumes that a woman that gives birth to the child is the mother. Declaration of Parentage is a legal process in Ontario courts designed to rebut this presumption of motherhood – it is a process whereby a surrogate is removed from the Birth Certificate and replaced with the Intended Parents. Generally speaking, if you use a surrogate in Ontario, you will most likely not need to adopt the child. The Family Law Rules and Child and Family Services Act outline a process by which, with help of DNA evidence and sworn affidavits from all parties, an Ontario solicitor can ask a court that the intended parents be declared as the baby’s only legal parents. Once again, a surrogate needs to have independent legal advice in order to fully understand what she is signing or swearing to. This requirement drives up the cost of the process, but is absolutely vital, considering that a single lawyer is conflicted out of representing both sides with opposing interests in the matter.
At Ivan Steele Law, we will explore with you many different options for couples or individuals who wish to become parents. Our family lawyers is happy to guide you through various legal processes and help you formalize the relations between intended parents and sperm donor, or intended parents and a surrogate.
How We Can Help
Our Toronto surrogacy lawyer is dedicated to helping you build your family through surrogacy. At Ivan Steele Law Office, our mission is to ensure that all who want and desire a family are able to do so without worrying about the legal dimensions and paperwork necessary for this process. We are a progressive family law firm, and as part of our commitment to providing high quality, personalized surrogacy, egg donation, embryo donation, sperm donation legal advice, and related legal services for couples and individuals, we are constantly learning and improving our knowledge of this fast-developing area of law.