Reproductive Law

ASSISTED REPRODUCTION

Some people require the assistance of reproductive technologies and/or a third party to have a child. This may be due to medical issues or infertility, or simply because a person is having a child without a partner or has a partner of the same sex. The nature of the circumstances will dictate whether and what kind of third party assistance is required. A person or couple may seek an egg, sperm or embryo donation. Alternatively, or in addition, a person or couple may require a surrogate to carry the child.

REPRODUCTIVE LAW

Reproductive law (sometimes called fertility law or surrogacy law) is a complex area of law that governs assisted human reproduction. There are numerous gaps in the legislation and few Canadian cases have been decided by the courts. Further, there are significant penalties for violating the laws that do exist. Legal advice is absolutely essential in all cases involving surrogates or known donors.

The Assisted Human Reproduction Act is the legislation that regulates assisted human reproductive technologies in Canada; for example:

  • It prohibits payment for surrogacy (although payment for reasonable expenses is permitted)
  • It prohibits the purchase of sperm or egg from a donor
  • It provides rules with respect to consent to creation of an embryo

There is also provincial law that governs privacy, regulates health professionals and establishes the parentage of a child.

WHAT WE CAN DO FOR YOU

Surrogates 

  • Review surrogacy agreements
  • Provide independent legal advice
  • Review and commission affidavits for declaration of parentage

Donors  

  • Review donor agreements
  • Provide independent legal advice
  • Review and commission affidavits for declaration of parentage

Intended Parents

We guide our clients through the process to ensure they do not contravene the law and that their legal interests are advanced and their rights are protected. We also work to preserve and enhance the relationship with the other parties. Our style is compassionate and friendly. We strive to achieve your goals without losing sight of why the agreement is entered into and the important interests at stake. We also ensure that the intended parents are ultimately the legal parents of the child, through adoption or a declaration of parentage, as appropriate.

For intended parents travelling abroad for surrogacy, we can assist you by providing travel letters. Some governments require legal letters about surrogacy law in Canada prior to providing a medical visa.

In addition, we provide legal advice on ancillary questions including in relation to:

  • workplace issues
  • privacy
  • informed consent
  • treatment decisions
  • health insurance and/or medical expenses
  • clinical research
  • birthing rights
  • human rights

Clinics and Clinicians

We provide advice to fertility clinics relating to reproductive law, privacy and informed consent. In addition, we can assist clinics with various corporate/commercial and employment matters.

We provide a range of legal services for midwives, social workers, physicians and other health professionals involving:

  • Contracts
  • Privileges
  • Professional regulation
  • Privacy
  • Statutory compliance

Please contact Lisa Feldstein Law Office to inquire about additional services we offer.

RELATED TOPICS:

Surrogacy Law

Egg Donation Law

Embryo Disposition Agreements

RELATED BLOGS:

Can surrogacy expenses be deducted when filing taxes?

Charges Against Fertility Consulting Business

Who Should Pay when an Ontario Surrogate Delivers a Child for Non-Resident Parents?

Who Receives OHIP Funding for IVF?

Why intended parents and surrogates should think twice about traditional surrogacy