Nationwide Visas
Latest News
MPNP invites 199 immigrants in the latest provincial draw - 01st August 2020  |  Canada travel restrictions add one more month - 01st August 2020  |  Canada To Resume Passport Services - 01st August 2020  |  SINP draw invites 502 immigrants in the latest provincial draw - 29th July 2020  | Latest OINP Tech Draw invited Express entry Candidates for a Provincial Nomination - 29th July 2020  | BC PNP Invites 46 immigrants in the latest Tech Pilot and Entrepreneur draw - 29th July 2020  | Biometrics not required for Canada temporary residence applicants - 17th July 2020  | PEI PNP Held Two Provincial Draws In The Month Of July - 17th July 2020  | Latest MPNP draw invites 174 immigrants to apply for a provincial nomination - 16th July 2020  | Canada updates the definition of “parent” for the 21st century - 16th July 2020  | Quebec Issues Invitations In Its First Arrima Draw Since January - 15th July 2020  | Latest BC PNP Tech draw invites 320 immigration candidates for a provincial nomination - 15th July 2020  | Canada’s wage subsidy policy announced good news for immigrants - 14th July 2020  | Atlantic Canada loses fewest jobs due to Coronavirus - 13th July 2020  | How does Canada apply the mandatory quarantine plan for Inbound Travelers? - 12th July 2020  | Canadian economy creates nearly one million jobs in June - 11th July 2020  | Immigration Levels to Canada nearly tripled in Canada - 10th July 2020  | OINP stars accepting applications for Regional Immigration Pilot - 10th July 2020  | Canada held their first all-program express entry draw since the start of the pandemic - 8th July 2020  | Alberta PNP invites Express entry candidates in latest provincial draw with CRS score as low as 303 - 8th July 2020  | Latest BCPNP Tech Pilot draw invites 57 immigrants for a provincial nomination - 7th July 2020  | Mendicino: Immigration, the key to Canada’s success in the 21st century - 7th July 2020  | Canadian Border Services Collecting Basic Information of Air Travelers - 3rd July 2020  | 125 Immigrants invited in the latest MPNP provincial draw for Canada PR Visa - 2nd July 2020  | OINP to re-open its PNP Immigration Stream - 2nd July 2020  | BC PNP Holds the Largest Draw since the COVID-19 Pandemic - 30th June 2020  | Canada Immigration Still To Continue After Travel Restrictions Extended Until July 31 - 30th June 2020  | Canada Visitor visa and eTA processing to resume from July 1 - 30th June 2020  | PEI PNP Held Three Provincial Draws in the Month of June - 25th June 2020  | Express Entry Invites CEC Candidates With CRS Score As Low As 431 For Canada PR Visa - 25th June 2020  | Latest Express Entry draw invites 392 PNP candidates for Canada PR Visa - 24th June 2020  | “Come to Canada” – Marco Mendicino after U.S Immigration Ban - 24th June 2020  | 87 Immigration candidates invited in latest BC PNP Tech draw - 23th June 2020  | Where do Canada’s International Students come from? - 20th June 2020  | Immigrants cause 80% of population growth in Canada in 2020 - 20th June 2020  | MPNP Invites 181 Provincial Candidates in the Latest Provincial Draw - 19th June 2020  | OINP Invited Express Entry Candidates with CRS score 400 for a Provincial Nomination - 18th June 2020  | Ontario Invites French-Speaking Express Entry Candidates in the Second Draw in 2 days for Express Entry Candidates - 18th June 2020  | BC PNP Invites 276 Immigration Candidates in a Latest Provincial Draw - 16th June 2020  | Canadian Immigration Process to Modernize After the Travel Restrictions - 16th June 2020  | Canada Immigration Update on IELTS and CELPIP - 16th June 2020  | Canadian Businesses Owned By Immigrants More Likely To Innovate Products And Processes - 15th June 2020  | Indians Continue To Lead Way For The Number Of Immigrants Moved To Canada In 2020 - 14th June 2020  | Alberta Sets The CRS Cut-Off At 300 Points For The Latest Provincial Draw - 12th June 2020  | IRCC Gives Updates On Who Can Travel To Canada - 12th June 2020  | 24 Occupations Are Given Priority By Quebec For Work Permit - 12th June 2020  | Lowest CRS Score for CEC Candidates since 2017 in the Latest Express Entry Draw - 11th June 2020  | Latest Express Entry Draw Invites PNP Candidates For Canada PR Visa - 10th June 2020
Nationwide Immigration » Latest-news » Canada updates the definition of “parent” for the 21st century

9th express entry draw 2018

Canada updates the definition of “parent” for the 21st century

Canada updates the definition of “parent” for the 21st century

Canadian citizenship law is catching up after Quebec’s Superior Court ruled that non-biological legal children of Canadians can have the same citizenship rights as biological children.

The change applies to children who are born through assisted human reproduction, such as surrogacy agreements put in place by Canadian citizens. This means that same-sex couples and couples with fertility problems who have used surrogacy can pass their citizenship rights on to their children as long as a legal parent is Canadian. It does not apply to adopted children, who go through a different process to obtain Canadian citizenship.

Before the Quebec Superior Court ruling last week, children of parents who used assisted reproduction fell into a loophole in the Canadian citizenship law that automatically granted citizenship only to children born abroad and biologically related to one or both of their Canadian parents.

This has left out parents like Elsje van der Ven and Laurence Caron, who won a long legal battle last week to grant citizenship to their son, Benjamin. He was denied citizenship because his Canadian parent, Caron, was not his birth mother, even though she is legally his parent and married to his birth mother, van der Ven. Ironically, Caron’s biological daughter, Anna, was also born in the Netherlands, but she was automatically granted citizenship according to the outdated definition.

The new definition of “parent” in the Citizenship Act now includes both the biological children of Canadians and children born abroad and having a legal parent-child relationship at birth, but without biological ties.

Who is eligible for Canadian citizenship by descent?

The new definition of “parent” in Canada includes those who have been recognized as the legal parent of their child at birth. These Canadian parents can pass on citizenship with or without a genetic link to their foreign-born children. Canada will recognize them as “legal” parents if their name appears on:

  • Child’s original birth certificate; OR
  • Other relevant birth records (surrogacy contracts, court orders, hospital records, among others).

Parents who are not recognized as legal parents at birth, but who are biologically related to their child may need to have a DNA test done to substantiate their claim of parenthood.

Children born through assisted reproduction who do not have a legal parent at birth or who are biologically related to at least one of their Canadian parents are not eligible for citizenship by descent.

Minors, people under the age of 18 in Canada, can also apply for proof of citizenship on their own behalf. However, if the minor is under 14, a parent must countersign the application. Otherwise, the officer responsible for processing the request must inform the parent of the child that the request is pending.

Who automatically obtains Canadian citizenship?

It is not always clear who automatically obtains Canadian citizenship and who must apply for it. Immigration, Refugees, and Citizenship Canada (IRCC) even offer 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 children born abroad supports the changing nature of the modern family. The children of LGBTQ2 + couples as well as couples with fertility problems are now on the same level playing field as the biological children of Canadians.

Reference is taken from CIC News

How can we help ?
Call +91-92 92 92 92 81
or Submit Below
24 Hour Response time

Important Links

Show Less    Show More

Our Client Testimonials
Nationwide Immigration Consultants