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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100423
Experience:  Lawyer
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My common-law husband (Canadian permanent resident) and I

Customer Question

My common-law husband (Canadian permanent resident) and I (Canadian citizen) are now Father and Mother of a baby in the Philippines. Our names are ***** ***** baby's birth certificate as the parents. The baby was born Dec 30, 2015. What is process in order to bring the baby into Canada? My common-law husband is in the Philippines now, with the baby and I am in Canada. Can my common-law husband bring the baby back to Canada, when he returns on Jan 23rd?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying you adopted the baby?

Customer: replied 1 year ago.
No, not exactly. More like surrogacy. My common-law husband's niece was pregnant and didn't want the baby. She asked him if he wanted the baby and we said yes. So, he had papers drawn up by a lawyer in the Philippines that basically state that when the niece delivered the baby the baby then belonged to us. The niece was a surrogate mother. When the baby was born, the birth certificate was made with both my common-law husband's and my name as the parents. Did not go through "adoption" process.
Expert:  Debra replied 1 year ago.

Did the lawyer get an order called a "declaration of parentage"?

What legal documents do you have?

Customer: replied 1 year ago.
Right now we just have the "Certificate of Live Birth" which also contains a section "Admission of Paternity."
Expert:  Debra replied 1 year ago.

Does the admission of paternity say that your husband is actually the biological father of the baby?

Customer: replied 1 year ago.
I believe that is the intent, the wording used is "natural" instead of biological. I will attach a copy of the document here.
Expert:  Debra replied 1 year ago.

I don't know the law in the Philippines but clearly that Affidavit is false as you are not the natural parents of course and I don't know how you could have sworn that Affidavit for the lawyer or how the lawyer would use it.

In Canada with a surrogate you get a declaration of parentage from the court and then the birth certificate shows you as the parents but no one who is not the natural parent could ever attest to that fact.

If the child was your natural child then the child is considered to be a Canadian citizen and then you just need proof of citizenship and then a passport.

But I honestly cannot tell you what to do here given what the lawyer did.

I think you had better immediately consult with a lawyer in your city in Canada who can best deal with this odd situation.

Customer: replied 1 year ago.
OK, thank you.
Expert:  Debra replied 1 year ago.

You are very welcome.

I hope this works out easily!

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