surrogacy, egg or sperm donation
Surrogacy, and egg and sperm donation, are legal in Canada, provided there is no payment for the services. However, reimbursement to a surrogate for expenses reasonably incurred is possible. Surrogacy, or sperm or egg donation are also referred to as Fertility Law.
As Fertility law is still a developing area and consultation about your individual situation is highly recommended.
what is fertility law?
Surrogacy, egg or sperm donation are often collectively referred to as "fertility law." Fertility law is a set of laws and regulations that govern reproductive technology. Reproductive technology includes third party, technical, and/or medical assistance related to the conception and birth of children.
Fertility law is governed by both the federal and provincial governments. Federally, we have the Assisted Human Reproductions Act, SC 2004, c2, This legislation came out of a 1989 Royal Commission examining what was then the emerging issue of assisted reproduction. A background and summary related to the creation of this legislation can be reviewed at this Health Canada webpage.
In Ontario, we have various pieces of legislation which govern the registration of the birth of children and parental rights and responsibilities including:
- Vital Statistics Act, RSO 1990, c V.4 - this governs the registrations of births, adoptions, and changes of name
- Children's Law Reform Act, RSO 1990, c C.12 - this governs the establishment of parentage, custody, access, guardianship
- Family Law Act, RSO 1990, c F.3 - among other issues, this legislation deals with support. Donors often wish to ensure that they will have no financial obligations.
In 2010, there was a reference to Canada's top court, the Supreme Court of Canada. A reference is a question of law put to the Court by the government for an advisory opinion on an important issue. To review the Court's findings, click here.
A website providing more information and explaining Fertility Law, along with a page to useful links, is found at Fertility Law Canada, with lawyer Sara Cohen, who practices in Toronto, Ontario.
An article was posted in the Star newspaper on November 22, 2015 about "Why surrogates give the ultimate gift." It is a great article about why some surrogates perform this service.
OUR SERVICES IN FERTILITY LAW
We provide a variety of services including:
- Providing Independent Legal Advice ("ILA") to surrogates, intended parents, donors, or potential donors. We will review with you contacts provided and discuss your rights and obligations you have. We will explain the relevant laws and provide an analysis and legal opinion regarding the risks and benefits for the proposed agreement.
- Consulting with you and giving you background information and legal advice prior to you contracting regarding these services.
- Drafting surrogacy, or sperm or egg donation contracts.
- Negotiating surrogacy, or sperm or egg donation contracts.
- Obtaining court orders related to declarations of parentage, non-parentage, or adoption, if needed.
- Notarizing or commissioning government documents, if needed.
costs of our services in fertility law
Our fees are based on time worked on your matter. During our initial consultation we can provide you with a more specific fee estimate and explain the work that will be provided. Contact us to book your appointment.