Originally from Toronto, the capital of Ontario in Canada, Joseph Tito entered into a surrogacy contract with a Kenyan surrogate mother through Kiran Infertility Centre, a fertility centre located in India. A year and a half later, his twins were born in Kenya, but he cannot take them home. Canada’s citizenship law, amended in 2015, prevents a child born outside Canada from automatically receiving citizenship beyond one generation. Joseph Tito was born in Italy. Thus, since neither he nor his twins were born in Canada, they cannot be granted automatic naturalisation.
The situation is even more complex. Joseph Tito involved a Kenyan surrogate mother, but she is not the child’s biological mother. In fact, an Indian woman was selected by Kiran Infertility Centre to donate her eggs. Furthermore, the twins cannot be given Kenyan nationality either. They are stateless.