1. One Parent Is a Canadian Citizen
If either parent is a Canadian citizen, a baby born in the United States may acquire Canadian citizenship through that parent. Under Canada’s new citizenship law (Bill C-3), which took effect on December 15, 2025, babies born outside Canada after that date generally fall into the following situations:
If the Canadian parent was born in Canada, the baby may acquire Canadian citizenship through that parent.
If the Canadian parent later became a naturalized Canadian citizen, the parent must demonstrate that they were physically present in Canada for a cumulative total of at least 1,095 days (three years) before the baby’s birth for the baby to potentially acquire Canadian citizenship through that parent.
If the baby meets the requirements for Canadian citizenship, the family may apply for a Canadian Citizenship Certificate as formal proof of the baby’s Canadian citizenship and may then apply for a Canadian child passport.
2. The Parents Hold Canadian Permanent Residence (PR)
If the parents are Canadian permanent residents rather than Canadian citizens, a baby born in the United States does not automatically acquire Canadian permanent residence because the parents hold PR. The baby may first enter Canada as a U.S. citizen and remain as a visitor. Eligible permanent-resident parents may then apply in Canada to sponsor the baby through Dependent Child Sponsorship. Once the application is approved, the baby can acquire Canadian permanent residence.
A U.S. citizen entering Canada as a visitor can generally remain for up to six months, although the exact period is determined by a Canadian border services officer at entry. If the baby’s permanent residence application has not been approved within the authorized period of stay, the family may apply to extend the baby’s stay before the current visitor status expires.
Families in which the parents hold Canadian permanent residence therefore do not need to keep the baby in the United States while waiting for Canadian permanent residence to be approved. If the baby meets the entry requirements, the family may first bring the baby back to Canada and then complete the permanent residence process.
How Can a Baby Born Through U.S. Surrogacy Enter Canada?
For a baby born in the United States, the two principal options are entry by air and entry by land.
Option 1: Obtain a U.S. Passport and Fly to Canada
If the baby will travel from the United States to Canada by air, the standard approach is to first obtain the baby’s U.S. passport.
A U.S. citizen traveling to Canada with a valid U.S. passport does not need a Canadian visa or an eTA. The Canadian government currently expressly provides that U.S. citizens may travel to Canada using a valid U.S. passport.
Option 2: Obtain a U.S. Birth Certificate and Enter Canada by Land
If the family wants to return to Canada soon after the baby is born, it may also consider entering Canada from the United States by land.
The Canadian government currently provides that a U.S. citizen who is not entering Canada by air and does not have a valid passport may present identification establishing the person’s name, date of birth, and U.S. citizenship. Therefore, if the applicable Canadian entry requirements are met, a newborn born in the United States may be able to enter Canada by land using a U.S. birth certificate and other proof of identity and citizenship, without necessarily waiting in the United States for a U.S. passport to be issued.
For a baby born through surrogacy, we recommend also carrying the baby’s U.S. birth certificate, Parentage Order / Judgment, the parents’ identification, and any required authorization documents.
If the baby is accompanied into Canada by someone other than a parent—such as a newborn care specialist, an authorized representative, or another person—the Canadian government requires proof that a parent or legal guardian has authorized the minor’s travel, and the traveler may be subject to closer examination.
What Documents Are Needed to Bring a Baby Born Through U.S. Surrogacy Back to Canada?
The specific documents will vary depending on whether the parents are Canadian citizens or permanent residents, how the baby will return to Canada, and whether a parent will accompany the baby. Families should generally prioritize preparing the following:
U.S. Birth Certificate
The baby’s primary proof of identity after birth and an important document for obtaining other documents later.U.S. Passport (if applicable)
If the baby plans to return to Canada by air, a U.S. passport should generally be obtained first.Parents’ Proof of Canadian Status
For example, a Canadian passport, Citizenship Certificate, or PR Card.Parentage Order / Judgment
For a baby born through surrogacy, families are advised to carry documents proving the legal parentage relationship.Travel Authorization Documents (if applicable)
If someone other than a parent accompanies the baby back to Canada, the appropriate parental authorization documents should be prepared in advance. The Canadian government expressly recommends that a minor traveling with someone other than a parent or legal guardian carry proof that a parent or guardian has authorized the travel.
Arrangements can be made in advance based on the family’s circumstances. For a baby born through surrogacy, however, particular attention should be paid to the baby’s legal parentage and authorization for cross-border travel.
If the parents cannot travel to the United States in person after the baby is born, they may arrange in advance for an authorized person to handle the baby’s post-birth care, document applications, and return to Canada. If someone other than a parent accompanies the baby into Canada, the family should prepare the baby’s birth certificate, parentage documents, and authorization from the parents or legal guardian. Canadian border officials may further verify that the baby’s travel has been authorized by a parent or legal guardian.
Can Someone Else Bring the Baby Back to Canada If the Parents Cannot Travel to the United States?
Contact Us About Bringing Your Baby Back to CanadaFrequently Asked Questions About Bringing a Baby Born Through U.S. Surrogacy Back to Canada
Q1: If a Parent Is a Canadian Citizen, Is the Baby Also a Canadian Citizen?
For a baby born in the United States after December 15, 2025, if one parent was already a Canadian citizen when the baby was born, the answer mainly depends on how that parent acquired Canadian citizenship. If the parent was born in Canada, the baby can generally acquire Canadian citizenship through that parent. If the parent later became a naturalized Canadian citizen, the baby can also generally acquire Canadian citizenship through that parent without a separate 1,095-day physical-presence requirement. If the parent was also born outside Canada and acquired Canadian citizenship by descent, the parent must have been physically present in Canada for a cumulative total of at least 1,095 days (three years) before the baby’s birth for the baby to potentially acquire Canadian citizenship through that parent.
Q2: If the Parents Hold Canadian Permanent Residence, Does the Baby Automatically Obtain PR?
No. A baby born in the United States does not automatically become a Canadian permanent resident because the parents hold Canadian PR. Eligible parents may later apply for the baby’s permanent residence through Dependent Child Sponsorship.
Q3: Must the Baby Wait for a U.S. Passport Before Returning to Canada?
Not necessarily. For air travel, the baby would generally use a valid U.S. passport. Different document rules apply to U.S. citizens entering Canada by land, so a family may plan a land crossing based on the documents available for the baby.
Q4: Can the Baby Live in Canada Long Term Immediately After Entering?
If the baby is already a Canadian citizen, the baby may live in Canada as a citizen. If the parents are only Canadian permanent residents, the baby will generally need to separately obtain Canadian permanent residence. Until then, the family should ensure that the baby maintains valid temporary resident status in Canada.
Q5: What If the Baby’s Dependent Child Sponsorship Has Not Yet Been Approved?
If the baby’s authorized stay as a visitor is about to expire while the permanent residence application is still being processed, the family may apply to extend the baby’s visitor status in Canada in accordance with IRCC requirements.
