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british-columbia

Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where there is a surrogacy agreement, the intended parents become the child's parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender:

• the birth mother (and a person who was married to or in a marriage-like relationship with the birth mother) is/are the parent(s) and guardian(s) of the child (ss. 27, 39),
• there is no necessary role for the donor to be a parent or guardian (s. 24), and
• the intended parents do not become parents or guardians (s. 29).

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.

british-columbia

Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where there is a surrogacy agreement, the intended parents become the child's parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender:

• the birth mother (and a person who was married to or in a marriage-like relationship with the birth mother) is/are the parent(s) and guardian(s) of the child (ss. 27, 39),
• there is no necessary role for any donor of reproductive material to be a parent or guardian (s. 24), and
• the intended parents do not become parents or guardians (s. 29).

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.

british-columbia

Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where there is a surrogacy agreement, the intended parents become the child's parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender:

• the child is the child of the birth mother (s. 27),
• there is no necessary role for the donor to be a parent or guardian (s. 24),
• the birth mother (and a person who was married to or in a marriage-like relationship with the birth mother) is the guardian of the child (s. 27), and
• the intended parents do not become parents or guardians.

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.

british-columbia

Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where there is a surrogacy agreement, the intended parents become the child's parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender:

• the birth mother (and a person who was married to or in a marriage-like relationship with the birth mother) is/are the parent(s) and guardian(s) of the child (ss. 27, 39),
• there is no necessary role for the donor to be a parent or guardian (s. 24), and
• the intended parents do not become parents or guardians (s. 29).

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.

british-columbia

Under the Family Law Act, s. 29, a surrogacy agreement results in the child being the child of the intended parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender, the child remains the child of the birth mother (s. 27), the birth mother is the guardian of the child, and the intended parents do not become parents or guardians.

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.

british-columbia

Under the Family Law Act, s. 29, surrogacy refers to a situation in which a child is conceived through assisted reproduction and there is a surrogacy agreement made. But even where there is a surrogacy agreement, the intended parents become the child's parents only if "after the child's birth, the surrogate gives written consent to surrender the child to an intended parent or the intended parents."

If the surrogate does not give this written consent to surrender:

• the child is the child of the birth mother (s. 27),
• there is no necessary role for the donor to be a parent or guardian (s. 24),
• the birth mother (and a person who was married to or in a marriage-like relationship with the birth mother) is the guardian of the child (s. 27), and
• the intended parents do not become parents or guardians.

ontario

Similarly, in Ontario, under the Children's Law Reform Act, s. 10, the intended parents become the child's parents only if the surrogate provides to the intended parent or parents "consent in writing relinquishing the surrogate's entitlement to parentage of the child." That consent "must not be provided before the child is seven days old."

canada

It is not kidnapping or abduction under the Criminal Code for a guardian to go somewhere with one's own child when there are no other guardians.