Canadian citizenship law is catching up with the times after Quebec Superior Court ruled that the non-biological, legal children of Canadians can have the same citizenship rights as biological children.
The change applies to children who were born through assisted human immigration consultant near me reproduction, such as surrogacy arrangements undertaken by Canadian citizens.
It means that same-sex couples and couples who have fertility issues who used surrogacy can pass on citizenship rights to their children as long as one legal parent is Canadian.
It does not apply to adopted children, who go through a different process to get Canadian citizenship.
Before the Quebec Superior Court’s ruling last week, children of parents who used assisted reproduction fell through a loophole in Canadian citizenship law that only granted automatic citizenship to children who were born abroad and biologically connected to one or both of their Canadian parents.
Sponsor your family to come to Canada
The Citizenship Act’s new definition of “parent” now encompasses both biological children of Canadians, and children who were born abroad and have a legal parent-child relationship at birth but no biological link.
Who is eligible for citizenship by descent?
Canada’s new definition of “parent” includes those who have been recognized as their child’s legal parent at birth. These Canadian parents can pass down citizenship with or without a genetic link to their children who were born abroad.
Canada will recognize them as “legal” parents if their name appears on:
The child’s original birth certificate; or
Other relevant birth records (surrogacy contracts, court orders, and hospital records, among others).
Parents who are not recognized as the legal parent at birth, but who have a biological connection with their child may need to do a DNA test to support their claim to parenthood.
Children who are born through assisted reproduction who do not have a legal parent at birth or a biological connection with at least one of their Canadian parents are not eligible for citizenship by descent.
Minors, people under age 18 in Canada, may also file an application for proof of citizenship on their own behalf. However, if the minor is under age 14 a parent should countersign the application.
Alternatively, the officer processing the application should advise the child’s parent that the application is being made.
Who automatically gets Canadian citizenship?
It is not always clear who automatically gets Canadian citizenship and who has to apply. Immigration, Refugees, and Citizenship Canada (IRCC) even offers an “Am I Canadian” tool to help answer this question.
IRCC says people are likely Canadian citizens if they:
Were born in Canada (but not to foreign diplomats);
Became a citizen because of changes to the Citizenship Act;
Applied for and received Canadian citizenship;
Received Canadian citizenship as a minor when a parent or guardian applied on their behalf; or
Were born outside Canada and at least one of their biological or legal parents were Canadian citizens.
The addition of “legal” parents of foreign-born children supports the changing nature of the modern family.
The children of LGBTQ2+ couples as well as couples with fertility issues are now on the same playing field as the biological children of Canadians.
Migration, Refugees and Citizenship Canada (IRCC)
Migration, Refugees and Citizenship Canada (IRCC) is the name of the Canadian government division that encourages the appearance of migrants to Canada, gives assurance to displaced people, and offers programming to assist newcomers with settling in Canada.
IRCC likewise gives citizenship, issues travel records, (for example, international IDs) to Canadians, and advances multiculturalism.
IRCC used to be known as Citizenship and Immigration consultant near me Canada (CIC).
Utilization of the new name for this central government division started not long after the Canadian government drove by Liberal Party pioneer Justin Trudeau got down to business in November, 2015.
While the abbreviation ‘CIC’ keeps on being utilized sometimes, it has gotten progressively obvious over the initial hardly any months of the current government’s order that ‘IRCC’ is favored in legitimate distributions and interchanges.
The current Minister for Immigration, Refugees and Citizenship is John McCallum, a long-standing and experienced Member of Parliament with broad information on the migration document.
The expansion of the word ‘outcasts’ in the official name of the administration office mirrors the administration’s expanded spotlight on helpful and displaced person migration to Canada.
That being stated, the legislature has clarified that Canada will keep up an open and inviting movement strategy for talented outsiders and family class programs.
There is no proof to recommend that monetary movement or family reunification is less critical to this legislature than its antecedents; without a doubt, the administration has promised to expand subsidizing designated to IRCC to improve program conveyance and handling times.
To maintain a strategic distance from any disarray, people and partners should take note of that CIC and IRCC are not two separate divisions.
In the event that records or distributions allude to CIC in one case and IRCC in another, they are really alluding to a similar division.
IRCC isn’t so much another division, however the replacement to one that has existed for a long time; CIC has had its command somewhat adjusted and been renamed as IRCC. Be that as it may, the name CIC may keep on being utilized for quite a while by certain partners, for example, Canadian commonplace and regional governments.
The ‘Migration’ segment of the office title alludes to Canada’s endeavors to fabricate and keep up an arrangement of inviting newcomers in a manner that is gainful to Canadians and newcomers the same.
Canada has customarily been a nation with a dynamic, open migration strategy, with most Canadians having the option to follow outside heritage inside only a couple of ages.
As Canada faces a segment challenge and wishes to have solid financial development and security, movement is probably going to keep on assuming a significant job in Canada’s future.