Can an intended parent who is not genetically related to the child still be declared a legal parent?

Yes. Ontario's parentage framework for assisted reproduction and surrogacy does not require a genetic link between an intended parent and the child — what matters is the parties' documented intention, most commonly shown through a written pre-conception agreement, along with meeting the other requirements of the automatic parentage route or, where needed, satisfying a court on an application for a declaration of parentage. This is significant for couples using donor sperm, donor eggs, or donor embryos, since it means both intended parents can be recognized as legal parents even where neither, or only one, is genetically connected to the child.

Where the situation doesn't fit the automatic route, a court asked to make a declaration of parentage will look at the whole picture, including any written agreement, the parties' conduct, and their intentions, rather than requiring genetic proof as a precondition. Intended parents in this position should keep clear records of their agreement and the fertility process used, since that documentation, not genetics, typically establishes their legal status.