Legal Metters In Preparation Of Birth

The Obstetrician/Hospital Directive letter advises the Obstetrician and the applicable hospital that there is a Surrogacy Agreement in place and confirms certain important/essential elements that will arise in the birth process that would be specific to a surrogacy arrangement. Examples of such items include that, upon the cutting of the umbilical cord, all material decisions impacting the Child will be those of the IPs, the IPs are allowed in the birth room, upon birth, the child shall be placed in the arms of the IPs, etc.
This Directive Letter is usually in place at approximately the 25th week of pregnancy.

Declaration of Parentage/Court Order
The Declaration of Parentage consists of obtaining documents in order to obtain an official Court Order that the IPs are the genetic/lawful (and sole) parents the Child. The process consists of obtaining affidavits from the IPs and the Surrogate as well as a certified DNA test result that all confirm the lawful parentage of the Child. Once the Order is obtained, it is sent to the applicable provincial government to have the Child’s birth registered (with the name and applicable parents) and to seal the court documents and the government documents. Without this Court Order, the Birth would be registered in the name of the Surrogate as the mother. My fees would include obtaining the Order, organizing and coordinating the DNA testing as well coordinating the submission to the provincial ministry. This step usually takes place a day or two after the Birth.
If you wish to have further information, please contact us at email: [email protected] & Tel: 416-645-2232
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