Record
Archived: June 3, 2025 9:27:13 AM
From: Immigration Representatives / Représentants immigration (RCC)
Sent: [requester]
To:
[requester] Immigration Representatives / Représentanis immigration (RCC)
Subject: [requester]
parents - REP-B-2025-0127 - Due 22-Apr-25
Importance: Normal
Sensitivity: None
Good day,
Thank you for contacting the Immigration Representatives [requester] note that this mailbox is intended for general guidance and does not provide responses to case-specific
inquiries but have provided the following information as guidance. Ifyou have case specific questions about a file, you
are encouraged to submit the [RCC Web ‘orm.
Please see our response to your question.
As of July 2020, the interpretation of “parent” for the purposes of determining citizenship by descent under subsection 3(1) of
the Citizenship Act was expanded to include children born abroad in the first generation to a Canadian citizen confirmed as
the;
© *biological parent, whether genetic or gestational, and / or
* legal parent at birth, with or without a biological connection to their child.
The expanded definition of parent is intended to provide a pathway to citizenship for some families who previously did not
have one, for example parents who engage in assisted human reproduction, including surrogacy, abroad and the Canadian
parent is not biologically linked to the child
Generally speaking, a legal parent at birth is defined as the biological or non-biological parent listed on the original birth
certificate or birth records issued at the time of a child’s birth. This does not include legal guardians or parents who became
the child’s legal parent in a post-birth process, such as adoption.
It is important to note that legal parent at birth is not intended to by-pass international adoptions where such process is
normally required. As party to the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of
Intercountry Adoption the Canadian government has a duty to ensure that we do not enable the circumvention of a lawful
adoption process and its safeguards.
We cannot speak to whether the Canadian parents in the specific case you detailed are required to undergo the adoption
process. The jurisdiction in which the child was born will have established rules concerning adoptions. This jurisdiction also
governs which documents prove legal parent at birth status. We strongly recommend that the intending parents are well
informed of the relevant laws and confer with the appropriate authorities in the child’s birth country as necessary.
Should the clients decide to proceed with an application for proof of citizenship, depending on the situation the relevant
documentary evidence to establish lezal parent at birth may not be the birth certificate but could include: parentage orders,
pre-birth orders, surrogacy agreements, hospital records, etc. Decision makers will refer to the laws in place where the child
was born and when the child was born.
Should the clients proceed with an adoption, they may apply for citizenship for the child through a grant of citizenship for
persons adopted by Canadian citizens.
Thank you kindly,
[requester]
oy