Surrogacy declarations for an Ontario birth registration, commissioned in Scarborough
When a surrogate gives birth in Ontario, the intended parents and the surrogate each sign a statutory declaration before the baby's birth is registered. ServiceOntario asks for both forms to be completed, signed and commissioned before you start the online registration. You sign them here in front of a notary public.
- Form 11333By intended parents
- Form 11334By the surrogate
The two forms, clause against clause
Each form has six numbered statements. Four of them are the same promise made from each side of the surrogacy agreement. Clauses 5 and 6 are where the forms part ways, because only the surrogate gives up parentage and only the intended parents accept it.
Statutory Declaration by Intended Parents
Form 11333E, edition 2022/11
- 1The written surrogacy agreement was made before the child was conceived.
- 2You received independent legal advice before entering into it.
- 3The child was conceived through assisted reproduction.
- 4You complied with the surrogacy rules in the Children's Law Reform Act and the Vital Statistics Act.
- 5You agree that each intended parent is recognized in law as a parent of the child.
- 6You agree the surrogate's consent was not given until at least seven days after the birth.
Statutory Declaration by Surrogate
Form 11334E, edition 2017/01
- 1The agreement with the intended parents was made before the named child was conceived.
- 2She received independent legal advice before entering into it.
- 3The child was conceived through assisted reproduction.
- 4She complied with the surrogacy rules in the same two Acts.
- 5She consents to give up any and all entitlement to parentage of the child.
- 6That consent was not given until at least seven days after the birth.
Shaded rows differ between the forms. Both footnotes define the same two terms: independent legal advice comes from a lawyer who does not act for the other side, and assisted reproduction means conceiving other than by sexual intercourse. Both forms are on the province's forms site: 11333 and 11334.
Day 7 is the earliest the surrogate can sign
Clause 6 on both forms rests on one date. On Ontario's birth registration page, the surrogate's agreement to give up her parental rights may come only once the baby is a week old. Book her appointment from that day on.
- 0Birth
- 1Too early
- 2Too early
- 3Too early
- 4Too early
- 5Too early
- 6Too early
- 7Surrogate may sign
The intended parents' form says the same thing about her consent, so it is signed on or after that day too.
30 daysThe time the province gives to register a birth in Ontario.
12 monthsOnline registration stays free up to the first birthday. After that the process is longer and costs $50, on ontario.ca.
Who signs, and on which line
Intended parents, one form for all of you
Form 11333 has room for up to four intended parents, with a name line and a signature line for each. There is one "declared before me" block, giving the city in Ontario and the date, so everyone listed signs at the same appointment.
Bring the child's full name, date and place of birth, the surrogate's legal name and the date the agreement was signed. The form asks for each of them.
The surrogate, on her own form
Form 11334 has one signature line and its own commissioner block. She can sign at a different appointment from the intended parents, as long as it falls on day 7 or later.
The order ServiceOntario sets
- Both declarations signed and commissionedThis comes first, before anyone opens the online form.
- The 5-in-1 newborn bundle onlineIt registers the birth and can also order the birth certificate and apply for a Social Insurance Number and child benefits. All parents must be present to certify the birth.
- The two originals by mailThey go to the Office of the Registrar General to complete the registration.
A birth certificate ordered with the bundle costs $25 and takes 6 to 8 weeks plus delivery. When a family later needs copies of it for a passport or a school, our page on certified true copies explains how those are made.
Where the declarations are mailed
Office of the Registrar General189 Red River Road, PO Box 4600
Thunder Bay ON P7B 6L8
Mail the signed originals. For a question about a surrogacy registration, the contact numbers are at the bottom of Ontario's birth registration page.
Two intended parents and a surrogate make three signatures. We confirm the total before anything is signed. Cash or e-Transfer.
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Signing at 1225 Kennedy Rd
- Fill in the form and leave every signature line empty. If you need it printed, printing and copying here are free.
- Each person signing brings government photo ID, and we compare it with the legal name written on the form.
- You make the solemn declaration. Both forms say it has the same force as if made under oath.
- You sign, and the notary completes the city and date, signs and stamps. The originals leave with you for mailing.
Other sworn statements, such as a name difference across your papers, are on our page for statutory declarations, and the oath itself is explained under commissioning.
What a notary public confirms on these forms
Ilya Kershtein is a notary public, not a lawyer, and a commissioner for taking affidavits. His stamp records that each person made the declaration in front of him on that date.
The independent legal advice in clause 2 comes from a lawyer, as the footnote on both forms says, and the surrogacy agreement is a matter for that lawyer. Both forms warn that a false statement, or signing for someone else, is an offence.
Walk in Monday to Friday 10:00 to 6:30, weekends 12:00 to 4:00, or book a time.
Questions about the surrogacy declarations
Can the surrogate sign her declaration in the hospital the day after the birth?
No. Her consent cannot be given until at least seven days after the birth, and clause 6 of her form says so. Day 7 is the earliest appointment.
Do all intended parents sign at the same time?
Yes for form 11333. It has one block for the official's place and date and up to four signature lines, so everyone listed signs in that one sitting.
Does the surrogate have to come with us?
No. Her form 11334 is separate and has its own commissioner block, so she can sign at another time.
Do we send the surrogacy agreement with the forms?
ServiceOntario's page lists the two declarations to complete and mail for a surrogacy birth. The declarations themselves state the date the agreement was signed.
Our child is getting a single name. Is that form commissioned too?
Yes. ServiceOntario asks for the Request for a Birth Registration with a Single Name to be signed and commissioned, with the evidence the form lists, before the online registration.
Fast & Reliable Notary Services
- 416-951-3301
- kershtein@gmail.com
- 1225 Kennedy Road, Scarborough, Ontario, M1P 4Y1, Suite 2000, Unit #2020
- Mon – Fri: 10:00 am – 6:30 pm
- Sat – Sun: 12:00 pm – 4:00 pm