Two Australian fathers living in Canada have been caught in a nightmarish situation as they try to bring their baby son home.
Kyle and Kent Stewart, who are legally married in Canada, became dads to Kaden through a surrogate in Canada in October last year. Their marriage is not recognised in Australia.
One of them is the biological father and through Canadian law they are both recognised as the parents on Kaden’s birth certificate.
The couple were able to successfully obtain Australian citizenship for Kaden through descent, but when it came to getting him a passport, Australia’s laws, and the Passport Office’s interpretation of those laws, have left the family in legal limbo.
“The process of getting him Australian citizenship was quite a smooth process,” Kent said.
“We thought everything was going to plan and all the indications were showing there wouldn’t be any issues in getting him a passport.”
Kyle was able to secure an internal transfer within his company back to Brisbane and Kyle’s accountancy and business management studies were finishing at the same time.
The couple sold their home in British Columbia, began the process of putting their dog through quarantine in preparation for his return to Australia and began packing their belongings to make their return home.
“We were going to be celebrating Kaden’s first birthday in Australia so my mum has booked tickets to visit [from New Zealand] in October for that,” Kyle said.
Then things began to unravel.
In British Columbia, the surrogate has no parental rights over Kaden.
Upon delivery of the child, she signed a statutory declaration rescinding any parental rights and the law in Canada doesn’t recognise her as a parent…
Read More: Brisbane Times
By Nathanael CooperBack to News
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