Jump to content



Photo

Birth Certificate when using a surrogate


  • Please log in to reply
10 replies to this topic

#1 Sweetheart

Sweetheart
  • Global 100+
  • 284 posts
  • Gender:Female
  • Location:Toronto
  • Dx:Unexplained

Posted 03 February 2012 - 11:29 AM

Hi Sherry
I am in the process of looking for a surrogate. I intend to use donor eggs and my husband's sperm. I would like to know what the baby's birth certificate will say for mother. I know there is a legal process for "declaration of parentage" but does that apply to DE? Specifically, I want to know whether there will be a way to get my name on the birth certificate as the mother. Thank you.
Michele
TTC #1 since 04/06
Age: 45, DH: 51. TTC#1 since 04/06
2/07 First Clomid natural cycle = BFN
3/07 Second Clomid natural cycle = BFP, MC 5/07 at 8 weeks, D & C 5/07
07/07 Third clomid natural cycle= no sign of follicle but ovulation assumed by bloodwork = BFN
8/07 First Clomid + IUI cycle = BFN + complications
9/07-11/07 Unable to TTC due to recovering from injury
12/07 First Injectibles cycle (SC) (Puregon) + IUI = 1 mature follicle and a BFN
01/08 2nd Injectibles cycle (IM)(Puregon & Repronex), 2 follicles but not quite mature, IUI any way = BFN
02/08 3rd injectibles (IM) (Bravelle & Repronex), 2 follicles 21 and 14, IUI = BFN
03/08 4th injectibles (IM) (Clomid + Gonal F), 1 follicle, IUI x 4 days in a row = BFN
04/08 IVF#1 Lupron flare w/o BCP, Lupron+Bravelle+Repronex, 7 follies but only 1 matures +IUI=BFN
05/08 Break from injectibles: Femara + IUI = BFN
06/08 Break from injectibles: Femara + 1 follicle + IUI = BFN
07/08 6th injectibles: high dose gonal F: 1 follicle +IUI =BFN
08/08 IVF#2 with low dose repronex only: Surprise 3 follies, 15, 19, 21. 1 egg retrieved fertilized and Grade 1 8 cell transfered aug 19=BFN
BREAK of 6 months turned to 8: took accupuncture, lost 30 pounds, added exercise, turned 41, Day 3 FSH down from average 7 to 4, worked on marriage relationship strained from dealing with IF
05/09 IVF #3 Gonal F and menopur. 5 Follicles but none mature. Cycle canceled.
07/09 IVF #4 Known DE cycle, 10 follicles, 1 sad egg, no fertilization. WT*?
08/09 Started taking DHEA (why didn't I know of this before?)
01/10 IVF #5: Convert monitoring cycle to natural cycle IVF due to 2 mature follicles being observed on ultrasound
01/10 1 grade 1, 8 cell embryo transferred. BFN
04/10 Estrogen Priming Cycle was cancelled for some reason I forget. known DE planned
08/10 IVF #6 Estrogen Priming Cycle with massive doses of FSH = nothing = cycle canceled and told to go away.
09/10 Waiting for Known DE cycle with younger donor
12/10 Known DE backs out
02/11 IVF #7. 2 embryos, both transferred. HPT+ 8dp3dt!!!, Beta #1 14dp3dt 278, Beta #2 16dp3dt 604, Beta #3 18dp3dt 1158 (not quite doubled...), first ultrasound--> TWINS!! March 25 only one slow heartbeat. April 2 no growth, slow heartbeat, April 6 no heartbeats--miscarriage at 9 weeks. D&C.
7/11 FET #1 BFN
9/11 IVF #8 Sad looking embryos. 4 transferred on day 3. BFN. Advised to move onto surrogacy. d e v a s t a t e d and b r o k e
04/13 Adopted 2 blastocycsts: BFN. Sperm banked before DH treated for cancer..
11/13 Very last attempt. New clinic. DE. Add intralipids and viagra. 9 eggs, 5 mature, 3 fertilized, 1 made it to day 3. no surprise, BFN..
04/14 Second "very last attempt" with 4th DE IVF.
04/05/14 13 eggs eggs retrieved, 7 mature, 7 make it to blast, 2 transferred, 2 frosties, BFP!! First Beta 4/21/14 = 92; Second Beta 4/23/14 = 265; 3rd Beta 4/25 613. May 9 ultrasound, right on track 6 weeks 5 days and hb 113 bpm. .
05/13/14 bleeding. May 14 no heartbeat. May 16 D & C. Are we allowed to say F words on here?

#2 SherryLevitan

SherryLevitan
  • Advisor
  • 104 posts
  • Gender:Female
  • Location:Toronto
  • Dx:N/A

Posted 06 February 2012 - 12:09 PM

Hi Michele,

The answer depends entirely on the province in which the child is born. For example, the Declaration of Parentage is available, even if you use DE, in Ontario. If your surrogate lives in Ontario, you will be recognized as the child's mother once the Order is granted.

#3 Sweetheart

Sweetheart
  • Global 100+
  • 284 posts
  • Gender:Female
  • Location:Toronto
  • Dx:Unexplained

Posted 09 February 2012 - 12:25 AM

Thanks for your reply. Right now, if my current surrogate works out, the baby will be born in BC. My husband and I live in Ontario. Once I am recognized as the mother, will my name go on the birth certificate? Thanks.
TTC #1 since 04/06
Age: 45, DH: 51. TTC#1 since 04/06
2/07 First Clomid natural cycle = BFN
3/07 Second Clomid natural cycle = BFP, MC 5/07 at 8 weeks, D & C 5/07
07/07 Third clomid natural cycle= no sign of follicle but ovulation assumed by bloodwork = BFN
8/07 First Clomid + IUI cycle = BFN + complications
9/07-11/07 Unable to TTC due to recovering from injury
12/07 First Injectibles cycle (SC) (Puregon) + IUI = 1 mature follicle and a BFN
01/08 2nd Injectibles cycle (IM)(Puregon & Repronex), 2 follicles but not quite mature, IUI any way = BFN
02/08 3rd injectibles (IM) (Bravelle & Repronex), 2 follicles 21 and 14, IUI = BFN
03/08 4th injectibles (IM) (Clomid + Gonal F), 1 follicle, IUI x 4 days in a row = BFN
04/08 IVF#1 Lupron flare w/o BCP, Lupron+Bravelle+Repronex, 7 follies but only 1 matures +IUI=BFN
05/08 Break from injectibles: Femara + IUI = BFN
06/08 Break from injectibles: Femara + 1 follicle + IUI = BFN
07/08 6th injectibles: high dose gonal F: 1 follicle +IUI =BFN
08/08 IVF#2 with low dose repronex only: Surprise 3 follies, 15, 19, 21. 1 egg retrieved fertilized and Grade 1 8 cell transfered aug 19=BFN
BREAK of 6 months turned to 8: took accupuncture, lost 30 pounds, added exercise, turned 41, Day 3 FSH down from average 7 to 4, worked on marriage relationship strained from dealing with IF
05/09 IVF #3 Gonal F and menopur. 5 Follicles but none mature. Cycle canceled.
07/09 IVF #4 Known DE cycle, 10 follicles, 1 sad egg, no fertilization. WT*?
08/09 Started taking DHEA (why didn't I know of this before?)
01/10 IVF #5: Convert monitoring cycle to natural cycle IVF due to 2 mature follicles being observed on ultrasound
01/10 1 grade 1, 8 cell embryo transferred. BFN
04/10 Estrogen Priming Cycle was cancelled for some reason I forget. known DE planned
08/10 IVF #6 Estrogen Priming Cycle with massive doses of FSH = nothing = cycle canceled and told to go away.
09/10 Waiting for Known DE cycle with younger donor
12/10 Known DE backs out
02/11 IVF #7. 2 embryos, both transferred. HPT+ 8dp3dt!!!, Beta #1 14dp3dt 278, Beta #2 16dp3dt 604, Beta #3 18dp3dt 1158 (not quite doubled...), first ultrasound--> TWINS!! March 25 only one slow heartbeat. April 2 no growth, slow heartbeat, April 6 no heartbeats--miscarriage at 9 weeks. D&C.
7/11 FET #1 BFN
9/11 IVF #8 Sad looking embryos. 4 transferred on day 3. BFN. Advised to move onto surrogacy. d e v a s t a t e d and b r o k e
04/13 Adopted 2 blastocycsts: BFN. Sperm banked before DH treated for cancer..
11/13 Very last attempt. New clinic. DE. Add intralipids and viagra. 9 eggs, 5 mature, 3 fertilized, 1 made it to day 3. no surprise, BFN..
04/14 Second "very last attempt" with 4th DE IVF.
04/05/14 13 eggs eggs retrieved, 7 mature, 7 make it to blast, 2 transferred, 2 frosties, BFP!! First Beta 4/21/14 = 92; Second Beta 4/23/14 = 265; 3rd Beta 4/25 613. May 9 ultrasound, right on track 6 weeks 5 days and hb 113 bpm. .
05/13/14 bleeding. May 14 no heartbeat. May 16 D & C. Are we allowed to say F words on here?

#4 SherryLevitan

SherryLevitan
  • Advisor
  • 104 posts
  • Gender:Female
  • Location:Toronto
  • Dx:N/A

Posted 10 February 2012 - 12:38 PM

Yes! BC is an excellent jurisdiction for post birth registrations, and I know a good lawyer in BC who can handle the post-birth application. You don't even have to do the DNA testing unless you want to. Have you retained a lawyer to draft your surrogacy contract?

#5 Sweetheart

Sweetheart
  • Global 100+
  • 284 posts
  • Gender:Female
  • Location:Toronto
  • Dx:Unexplained

Posted 12 February 2012 - 12:10 AM

Thanks again. Oh, that sounds good. I especially like the part about not having to do the dna test. I don't have a lawyer yet as I don't really have a surrogate yet. I've asked someone and she has yet to reply but I can hope, right? I'll be back in touch when the time is right!
TTC #1 since 04/06
Age: 45, DH: 51. TTC#1 since 04/06
2/07 First Clomid natural cycle = BFN
3/07 Second Clomid natural cycle = BFP, MC 5/07 at 8 weeks, D & C 5/07
07/07 Third clomid natural cycle= no sign of follicle but ovulation assumed by bloodwork = BFN
8/07 First Clomid + IUI cycle = BFN + complications
9/07-11/07 Unable to TTC due to recovering from injury
12/07 First Injectibles cycle (SC) (Puregon) + IUI = 1 mature follicle and a BFN
01/08 2nd Injectibles cycle (IM)(Puregon & Repronex), 2 follicles but not quite mature, IUI any way = BFN
02/08 3rd injectibles (IM) (Bravelle & Repronex), 2 follicles 21 and 14, IUI = BFN
03/08 4th injectibles (IM) (Clomid + Gonal F), 1 follicle, IUI x 4 days in a row = BFN
04/08 IVF#1 Lupron flare w/o BCP, Lupron+Bravelle+Repronex, 7 follies but only 1 matures +IUI=BFN
05/08 Break from injectibles: Femara + IUI = BFN
06/08 Break from injectibles: Femara + 1 follicle + IUI = BFN
07/08 6th injectibles: high dose gonal F: 1 follicle +IUI =BFN
08/08 IVF#2 with low dose repronex only: Surprise 3 follies, 15, 19, 21. 1 egg retrieved fertilized and Grade 1 8 cell transfered aug 19=BFN
BREAK of 6 months turned to 8: took accupuncture, lost 30 pounds, added exercise, turned 41, Day 3 FSH down from average 7 to 4, worked on marriage relationship strained from dealing with IF
05/09 IVF #3 Gonal F and menopur. 5 Follicles but none mature. Cycle canceled.
07/09 IVF #4 Known DE cycle, 10 follicles, 1 sad egg, no fertilization. WT*?
08/09 Started taking DHEA (why didn't I know of this before?)
01/10 IVF #5: Convert monitoring cycle to natural cycle IVF due to 2 mature follicles being observed on ultrasound
01/10 1 grade 1, 8 cell embryo transferred. BFN
04/10 Estrogen Priming Cycle was cancelled for some reason I forget. known DE planned
08/10 IVF #6 Estrogen Priming Cycle with massive doses of FSH = nothing = cycle canceled and told to go away.
09/10 Waiting for Known DE cycle with younger donor
12/10 Known DE backs out
02/11 IVF #7. 2 embryos, both transferred. HPT+ 8dp3dt!!!, Beta #1 14dp3dt 278, Beta #2 16dp3dt 604, Beta #3 18dp3dt 1158 (not quite doubled...), first ultrasound--> TWINS!! March 25 only one slow heartbeat. April 2 no growth, slow heartbeat, April 6 no heartbeats--miscarriage at 9 weeks. D&C.
7/11 FET #1 BFN
9/11 IVF #8 Sad looking embryos. 4 transferred on day 3. BFN. Advised to move onto surrogacy. d e v a s t a t e d and b r o k e
04/13 Adopted 2 blastocycsts: BFN. Sperm banked before DH treated for cancer..
11/13 Very last attempt. New clinic. DE. Add intralipids and viagra. 9 eggs, 5 mature, 3 fertilized, 1 made it to day 3. no surprise, BFN..
04/14 Second "very last attempt" with 4th DE IVF.
04/05/14 13 eggs eggs retrieved, 7 mature, 7 make it to blast, 2 transferred, 2 frosties, BFP!! First Beta 4/21/14 = 92; Second Beta 4/23/14 = 265; 3rd Beta 4/25 613. May 9 ultrasound, right on track 6 weeks 5 days and hb 113 bpm. .
05/13/14 bleeding. May 14 no heartbeat. May 16 D & C. Are we allowed to say F words on here?

#6 Harmoni

Harmoni
  • Member
  • 13 posts
  • Gender:Female
  • Location:Alberta
  • Interests:Camping, Quadding, Crafting and of course my furry kids on four legs
  • Dx:Other
  • My Clinic:Irega

Posted 09 June 2014 - 04:27 PM

This is an excellent question that I never even thought of! I for sure want the birth certificate to have my name as the mother especially since I have to use DE and a surrogate!
Sherry, could you let me know which lawyer to use to write up a contract for my surrogate and I? My oldest and bestest friend is our surrogate and she lives in BC so that will be where the baby(ies) will be born. I live in Alberta.
Thanks in advance for any information!! :)
  • SherryLevitan likes this
Me-32 Him-37TTC for 6 yrs (omg, since I was 26)Diagnosed with Premature Ovarian Failure

#7 Sign&Wonder

Sign&Wonder
  • Just Hatched
  • 9 posts
  • Dx:N/A
  • My Clinic:Heartland winnipeg

Posted 08 October 2015 - 01:28 PM

Jh

#8 Sign&Wonder

Sign&Wonder
  • Just Hatched
  • 9 posts
  • Dx:N/A
  • My Clinic:Heartland winnipeg

Posted 08 October 2015 - 01:29 PM

Do Ontario and BC has same law? What add if you have baby in Ontario.

#9 SherryLevitan

SherryLevitan
  • Advisor
  • 104 posts
  • Gender:Female
  • Location:Toronto
  • Dx:N/A

Posted 13 October 2015 - 02:57 PM

Harmoni, you are blessed to have someone you know and trust make such an offer! Why don't you pop me an email (sherry@fertilitylaw.ca) or call me and we can chat about your legal choices!



#10 SherryLevitan

SherryLevitan
  • Advisor
  • 104 posts
  • Gender:Female
  • Location:Toronto
  • Dx:N/A

Posted 13 October 2015 - 02:58 PM

Sign and Wonder, BC and Ontario do not have the same laws, but both are very good jurisdictions for surrogacy. Each province is a bit different in its approach to the post birth process.



#11 peterlin

peterlin
  • Just Hatched
  • 1 posts
  • Dx:N/A

Posted 15 May 2016 - 12:56 PM

hi, sherry:

 

we are IPs and in the middle of reviewing our surrogate contract. our surrogate is in Newfoundland. Baby will born in Newfoundland.  In the future, will we declarant of  parentage in Ontario or Newfoundland?

 

Once we have court order for parentage, we can apply birth certificate in Newfoundland.  

 

We use egg donor with my sperm to have embryo. Do we also need to do DNA test between surrogate couple with baby as well as I and baby? 

 

 

Thank you so much