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Couple Fights Federal Surrogacy Policy to Bring Their Baby Boy Back to Canada
Canada’s Assisted Human Reproduction Act makes it illegal to pay sperm donors, egg donors or surrogates. When a Canadian couple used an Indian surrogate with an anonymous donor's egg and the husband's sperm, they met with trouble trying to re-enter Canada with their twins. The couple had gone to the Canadian High Commission in New Delhi to apply for Canadian citizenship for the twins to bring them home. DNA tests were requested, and to the couple’s horror, the boy was found to be genetically unrelated, suggesting a mix-up at the Indian fertility lab. They faced the choice of returning to Canada with their daughter and leaving their son behind or remaining in India.
After a year, Ottawa issued a citizenship card to the girl, who is biologically related to the couple, and travel papers to the other child. They were bombarded with questions while clearing immigration at the New Delhi airport because they had Canadian passports for themselves and their daughter, and just an entry visa for their son. This misadventure in the uncharted territory of commercial surrogacy, unmatched DNA and lost children is gut-wrenching but not unique in Canada.