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IVF abroad citizenship question


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#1 wilsonwong1017

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Posted 01 January 2015 - 04:26 PM

Dear lawyer,

 

I'm Permanent Resident and my wife is Canadian citizen. We're planning to have IVF baby across border and use my sperm and donated eggs. Will my baby automatically become a Canadian citizen or Permanent Resident? 

 

thanks



#2 Crazy

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Posted 01 January 2015 - 04:48 PM

A baby has citizenship in the country in which it is born. If your baby is born in Canada it is automatically a Canadian.

#3 wilsonwong1017

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Posted 01 January 2015 - 04:49 PM

no, the baby is not born in Canada, it is outside canada. 



#4 Pebbles

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Posted 01 January 2015 - 05:18 PM

I think if you are the father on the birth certificate, then your child should be Canadian and you should be able to apply for a Canadian citizenship certificate.

http://www.cic.gc.ca...rules/index.asp

#5 Tess

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Posted 01 January 2015 - 09:01 PM

"I'm Permanent Resident and my wife is Canadian citizen. We're planning to have IVF baby across border and use my sperm and donated eggs. Will my baby automatically become a Canadian citizen or Permanent Resident?"

 

You should ask a fertility/ immigration lawyer to check to be sure your wife can transmit Canadian citizenship if the baby is born outside of Canada.  


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#6 wilsonwong1017

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Posted 01 January 2015 - 09:20 PM

I think if you are the father on the birth certificate, then your child should be Canadian and you should be able to apply for a Canadian citizenship certificate.

http://www.cic.gc.ca...rules/index.asp

I am PR, my wife is citizen. will be my kid be a citizen too?



#7 Tess

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Posted 01 January 2015 - 09:37 PM

"I am PR, my wife is citizen. will be my kid be a citizen too?"

 

You should ask the lawyer on this forum.  I strongly suggest getting legal advice before moving forward if the child is going to be born outside of Canada.  

 

http://www.today.com...ed-citizenship/



#8 smurfette_w

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Posted 02 January 2015 - 01:41 AM

I think you may need to ask an immigration lawyer about this.  Good luck!


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#9 Pebbles

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Posted 02 January 2015 - 07:25 AM

I think if you are the father on the birth certificate, then your child should be Canadian and you should be able to apply for a Canadian citizenship certificate.http://www.cic.gc.ca...rules/index.asp

I am PR, my wife is citizen. will be my kid be a citizen too?

Yeah sorry, I read this wrong. As the others recommended I think the best would be to contact a fertility or immigration lawyer. The question is how using an egg donor influences your wife's status as "mother", since she is the Canadian citizen. I don't think that your PR status can help the child having automatic PR status (but I am talking as being permanent resident as well and that is what have read, so immigration Canada would be the best to ask here too).

Good luck!

#10 MB.

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Posted 02 January 2015 - 08:11 AM

If your wife is giving birth to the child, the issue of donor egg would not be revealed or of any concern to immigration Canada. The child would be considered her full biological child.
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#11 ewok

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Posted 02 January 2015 - 09:19 AM

In Canada, any child born here is automatically Canadian citizen.  If a child is born elsewhere from 1 or 2 Canadian parent(s), then they get Canadian citizenship, but you have to do some paperwork.  I don't know the extend of the paperwork, but it isn't a very long process, my cousin was able to get a Canadian passport for his daughter 7-8 weeks after she was born abroad.

 

http://www.cic.gc.ca...r.asp?q=365&t=5


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#12 Pebbles

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Posted 02 January 2015 - 10:06 AM

If your wife is giving birth to the child, the issue of donor egg would not be revealed or of any concern to immigration Canada. The child would be considered her full biological child.

In this case the child would also be Canadian and with some paperwork (as ewok wrote) it should be possible to get the Citizenship certificate.

 

Are you planning on staying abroad after the baby is born or come back to Canada soon?



#13 wilsonwong1017

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Posted 03 January 2015 - 09:18 AM

 

If your wife is giving birth to the child, the issue of donor egg would not be revealed or of any concern to immigration Canada. The child would be considered her full biological child.

In this case the child would also be Canadian and with some paperwork (as ewok wrote) it should be possible to get the Citizenship certificate.

 

Are you planning on staying abroad after the baby is born or come back to Canada soon?

 

thanks all. and I'm planning to take new born back to canada.



#14 mouse

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Posted 03 January 2015 - 02:12 PM

http://travel.gc.ca/...en/birth-abroad

 

My DH and I are Canadian, our daughter was born is the US so we had to apply for a certificate of canadian citizenship before we could apply for a Canadian pssport.  It took about 3 months to get the certificate and a further 7 months for the passport to be processed; however we did all the paperwork from the US which might be why it took as long as it did.


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#15 ewok

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Posted 03 January 2015 - 02:41 PM

http://travel.gc.ca/...en/birth-abroad

 

My DH and I are Canadian, our daughter was born is the US so we had to apply for a certificate of canadian citizenship before we could apply for a Canadian pssport.  It took about 3 months to get the certificate and a further 7 months for the passport to be processed; however we did all the paperwork from the US which might be why it took as long as it did.

 

Mouse, that's long!  I hope you were not waiting for these document to get back home.  I'm know it was much shorter for my cousin last year (they were in Europe), they needed a passport to come back here and it was pretty fast.  Or maybe they asked for American citizenship & passport (mom is American)? It doesn't make sense, as they are moving to Canada from Europe, and don't intend to live in the US, but if it was a faster way to travel, maybe.


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Multiple early pregnancy loss (stopped counting at 8)
Left Hydrosalpinx seen on Ultrasound during my first miscarriage
July 2013: ER visit, found Ectopic pregnancy in right tube, internal bleeding, emergency surgery with removal of both my tubes.  Next phase IVF

IVF #1: March/April 2014, Antagonist protocol with Estrogen priming, OHSS risk, no transfer but many frosties

FET#1: June/July 2014: BFN...
 
FET#2: October 2014: BFP
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#16 mouse

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Posted 03 January 2015 - 07:34 PM

No we weren't held up by the wait for CDN docs - she got her US passport 6 days after we applied (so much faster than the 2 step CDN process but she WAS in the US...) so the first few trips we did she travelled under her US passport.


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#17 Pebbles

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Posted 07 January 2015 - 02:07 PM

I was just told about this article by a friend (also found in the Montreal Gazette): 

http://www.vancouver...6565/story.html

 

Seems like the situation might not be as black/white after all and (as previously suggested) you might want to search help through a lawyer.



#18 MB.

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Posted 07 January 2015 - 02:33 PM

Yikes.

#19 mouse

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Posted 07 January 2015 - 02:35 PM

Wasn't an issue in our case as we didn't use donor anything but those who are using donor eggs and/or sperm should certainly consult with a lawyer.


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