Can a single person be declared the sole legal parent of a child born through donor conception and surrogacy?
Yes. Ontario's parentage framework does not require two parents — a single intended parent can be recognized as a child's sole legal parent where they use donor sperm, donor eggs, or a surrogate, provided the usual requirements are met: a written agreement made before conception with the donor and/or surrogate confirming that they do not intend to be parents, and, in a surrogacy arrangement, the surrogate's, and her spouse's or partner's if any, written post-birth confirmation. Where those pieces are in place, the single intended parent can generally be recognized as the sole legal parent through the automatic route, without a court application.
Where the documentation is incomplete or a dispute arises, a court application for a declaration of parentage may be needed to confirm sole parentage. Single people pursuing parenthood through donor conception or surrogacy should be just as careful about the pre-conception paperwork as a couple would be, since the same documents establish that no one else is also a legal parent.
Key takeaways
- Ontario's parentage rules allow a single person to be recognized as a child's sole legal parent.
- This depends on the same written pre-conception agreements required in any donor or surrogacy arrangement.
- Missing paperwork can leave a donor or surrogate's status uncertain, not just the intended parent's.
- A declaration of parentage may be needed where documentation is incomplete or disputed.