Immigration Corner | When a DNA test is negative

Dear Miss Powell,

I recently came across one of your articles and decided to write to you for advice. I live in Canada and was planning to sponsor my seven-year-old son from Jamaica. Over the Christmas holidays, I did a DNA test and discovered that although my name is on the birth certificate and I have been taking care of the child, he is not my biological son.

I now have mixed feelings about sponsoring him and am unsure whether I can even do so with a negative DNA test result. I’m confused. Can I still sponsor him?

– G.D.

Dear G.D.,

Your email raises a deeply personal question, one that many families quietly face but rarely discuss. It sits at the crossroads of law, identity, and responsibility. When immigration law meets family reality, the answers are rarely simple.

Canadian immigration law does not rely on DNA evidence alone. Instead, it examines legal parentage and lived parenthood, including the long-standing legal concept of locus parentis, meaning “standing in the place of a parent”.

To determine whether you may still sponsor your son, the facts must be examined as they existed at the time of his birth and at key moments in your own immigration history.

PARENTHOOD UNDER CANADIAN IMMIGRATION LAW

In Canada, parenthood is not defined solely by biology. A man may be recognised as a child’s father if he is named on the birth certificate and has assumed genuine and ongoing parental responsibility. Providing care, financial support, emotional guidance, and being recognised by the child as a parent are all relevant considerations.

A later DNA test showing no biological connection does not automatically erase a legally established parental relationship. Immigration officers are instructed to assess whether the parent-child relationship was real, continuous, and formed before any immigration benefit was contemplated.

Your status at the time of the child’s birth

One of the first questions immigration authorities will ask is whether you were a Canadian citizen or permanent resident at the time your son was born. If you were already a citizen, the analysis will focus on whether you were legally recognised as the child’s parent at birth and whether that status was genuine and properly documented.

If you were not yet a citizen or permanent resident, attention will shift to how the child was treated during your own immigration process.

Declaration matters more than DNA

If you immigrated to Canada, it is critical to determine whether your son was declared as your dependent child when you applied for permanent residence or citizenship. Canadian immigration law requires applicants to declare all dependent children, whether they are accompanying the applicant to Canada or remaining abroad.

A child who is properly declared and examined preserves future immigration options. A child who was not declared may later be excluded from sponsorship entirely even where a strong emotional bond exists.

Locus parentis and real-world parenting

If you acted as your son’s father from birth, were named on his birth certificate, supported him financially and emotionally, and held yourself out as his parent long before immigration was ever contemplated, Canadian law may still recognise that relationship.

What the law does not permit is the creation or reshaping of a parental relationship solely to facilitate immigration.

Can you still sponsor him?

The honest answer is that sponsorship may still be possible, but it is no longer straightforward. A negative DNA test does not automatically disqualify you, but it will increase scrutiny. Past immigration records, consistency, and the authenticity of the parental relationship will matter greatly.

Beyond the law, there is also a human dimension. Sponsorship is not merely a legal process. It is a commitment that shapes a child’s future.

Some immigration decisions cannot be undone. Some family decisions cannot be repaired.

Before taking any further steps, review your immigration history carefully and confirm how your son was declared, if at all. Do not submit new information or abandon plans without fully understanding the legal consequences. For that reason, I strongly recommend that you consult a qualified Canadian immigration lawyer before proceeding.

Deidre S. Powell is a lawyer, mediator, and author of Tell Me a Story, Grandma. Connect with her on Facebook or at www.deidrepowell.com. WhatsApp/ Tel: 613-695-8777.