By
Andy Semotiuk

What Is the Definition Of “Family” In Immigration Law?

April 16, 2014

Toronto immigration lawyer Andy Semotiuk

Toronto immigration lawyer Andy Semotiuk: Here is a very interesting case, involving technology, science, and immigration law. Specifically, family reunification:

Malkiat Kandola always assumed that when his wife gave birth in India through in-vitro fertilization, their baby would automatically become a Canadian citizen, like the Vancouver-area truck driver himself.

But an immigration officer ruled otherwise, and now the Federal Court of Appeal has upheld that decision in a “groundbreaking” case that raises intriguing questions about the intersection between modern fertility treatment and immigration.

Because the embryo used in Ms. Kandola’s IVF treatment was made from sperm and eggs donated by others, the child, now four, had no genetic connection to either parent. And without those blood ties, she could not become a citizen by birth, the court concluded in a 2-1 split decision.

This case goes to the heart of what the definition of a family is.

The court has taken the view that a genetic connection must exist for a child to be the family member of a parent. But is that really what the policy of the state should be? Shouldn’t the state’s interest be in advancing the unity of families based on genuine emotional ties and the desire of parents to have children – even when genetically that may not be possible?
I believe a policy needs to be developed in this ‘brave new world’ that would at least allow for possible approval of cases like these, but leave the courts as the final arbiters of these matters.

Andy Semotiuk is a Canadian and US immigration lawyer with Toronto immigration law firm Pace Law Firm. You can learn more about Andy at My Work Visa.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Wills And Estates
By
Pace Law
Estate planning, essential for ensuring posthumous wishes are met, remains an area 70% of Canadians neglect. This deficiency largely stems from misconceptions, such as believing estate planning is only for the wealthy or thinking they’re too young to start.
Criminal Defence Law
By
Pace Law
In Ontario, adherence to driving regulations is critical for public safety, but violations occur, leading to criminal charges.
Wills And Estates
By
Angela Barrientos
Have you ever thought about estate planning and concluded it’s unnecessary because you don’t own any real estate?
Corporate and Personal Law
By
Pace Law
A Share Purchase Agreement (SPA) is an integral document used when the shares of a corporation are being purchased. The document outlines the agreement between the buyer and seller and can be quite complex.
Wills And Estates
By
Angela Barrientos
A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top