Information on this webpage is provided as a public service by the Government of Canada. While every effort is made to provide accurate information, information contained here is provided on an “as is” basis without warranty of any kind, express or implied. The Government of Canada assumes no responsibility or liability of any kind and shall not be liable for any damages in connection to the information provided. This publication is not intended to provide legal or other advice and should not be relied upon in that regard. The reader is encouraged to retain a lawyer and to supplement this information with independent research and professional advice.
Nepali Law on surrogacy is under development. Assisted Human Reproduction, including surrogacy, might only be recognized in some Nepali states. It is your responsibility to familiarize yourself with Nepali laws and regulations governing this process and to ensure you will meet all legal requirements to take the newborn child out of Nepal before you start the surrogacy process. We strongly recommend that Canadians visiting Nepal for the purposes of commercial surrogacy arrangements seek independent legal advice before entering into any agreement. A list of local lawyers who speak English and/or Nepalese should be hired.
A child who is born outside Canada on or after April 17, 2009 is a Canadian citizen at birth if they have a genetic link with a parent who was a Canadian citizen born or naturalized in Canada at the time of the child’s birth. Some children born through surrogacy arrangements may therefore not be eligible for citizenship by descent. Please consult Citizenship and Immigration Canada’s (CIC) website to learn more about the citizenship rules.
Detailed information on citizenship applications for children born abroad through surrogacy can be found on Citizenship and Immigration’s Assisted Human Reproduction website.
After a child is born through surrogacy, parents may request proof of Canadian citizenship and a Canadian passport for the child if the child is genetically related to a Canadian citizen parent. If you wish to apply for Canadian citizenship, your first step is to file an Application for a Citizenship Certificate.
In surrogacy cases, CIC will require the following documents:
If these documents are insufficient for proof of a genetic link to the Canadian parent, DNA from a laboratory accredited by the Standards Council of Canada (SCC) will be required. CIC can only determine if a DNA test will be required after the fully completed application has been submitted. You will be informed of the DNA process if CIC requires one from you. Note that the decision to be tested is entirely your responsibility and the Government of Canada bears no responsibility for either the test results or the costs. You are responsible for the costs of sample collection, shipping, laboratory analysis, and report submission.
If you need to travel prior to receiving the citizenship certificate, you may apply for a Canadian passport for the child provided that CIC has made a decision on the Application for a Citizenship Certificate and you provide documentary evidence to support your request for passport issuance (e.g. proof of travel, etc…).