A parentage proceeding can be initiated by an intended parent or a donor when assisted reproduction is used. Examples of scenarios where a parentage proceeding can be used are:
- A single woman uses donated sperm to conceive a child
- A married same or opposite sex couple uses donated sperm, egg or embryos to conceive a child
- An unmarried same or opposite sex couple uses donated sperm, egg or embryos to conceive a child
The parentage proceeding can be commenced during the pregnancy or after the baby is born. It will need to be established that the intended parents were in fact intended to be the parents of the child and that the donor was in fact intended to be a donor and not a parent. An egg, sperm or embryo donation agreement, which should be entered into prior to conception, can serve as the proof of that intent.
The Court will then issue a parentage order declaring the intended parent(s) to be the parent(s) of the child and declaring the donor(s) not to be parents of the child. If the order of parentage is obtained prior to the child’s birth, the intended parents will be listed on the child’s original birth certificate. If it is issued after the child’s birth, an amended birth certificate will be issued.