No sign of relief for couple stranded in India

SOURCE - https://www.thestar.com/news/article/943833--no-sign-of-relief-for-couple-stranded-in-india?bn=1

They are no closer to returning home to Canada.

A Toronto couple stranded in India for five years because the government won’t issue citizenship to their son who, due to a fertility mix-up is not genetically theirs, will either have to wait for a policy review or apply under the current policy.

That will likely lead to a refusal.

Citizenship and Immigration Canada (CIC) reiterated this position in new papers filed in Federal Court last week.

Michael Battista, their lawyer, told the Star he was very disappointed.

“The facts of the case are compelling,” he said. “These are Canadian citizens trapped for no fault of theirs. The government should show compassion, especially because two kids are involved.”

The bizarre story started five years ago when the Toronto couple travelled to India and hired a surrogate. The eggs were donated by an unknown woman and fertilized by the husband’s sperm; the surrogate was soon pregnant with twins.

A boy and a girl were born in March 2006.

But when routine DNA tests were requested by Canadian officials in order to bring the children home, the couple was shocked to discover the boy was not genetically theirs.

They have since been stranded in southern India where they live in a one-bedroom apartment without any furniture and with hordes of bugs. They have no family or friends in that country.

The couple has kept their identity hidden because of the stigma still attached to surrogacy.

In December, they told the Star in a letter that they are “experiencing a lot of difficulties and suffering.”

On Wednesday, a CIC spokesperson declined to comment because the matter is before the court.

Usually, if children born through surrogacy have a genetic link to one Canadian parent, CIC grants status through family class sponsorship or directly by applying for citizenship.

But there is no policy to address a situation in which an obvious error has occurred.

Errors have occurred in the past and the CIC is reviewing its policy, but it is unclear when a new one will be introduced.

Meanwhile, Battista says the Toronto couple can return with their daughter but refuse to abandon the boy they have raised as their son.

“We have given the government all facts that will entitle our clients to come back but these pleas seem to be falling on deaf ears,” he said.