Reproductive Law

Legal Decision on Frozen Embryos: Malone v. Cappon

This blog explores the legal intricacies of the Malone v. Cappon case, specifically focusing on the challenges surrounding frozen embryos, jurisdictional issues, and the intersection of family law and reproductive technologies.

Potential new benefits for intended parents

People who become parents through surrogacy and adoption get less EI than other parents. That might be about to change.

Unraveling the Abortion Debate in Canada: Shared Values and Nuanced Perspectives

In Canada, the perception of a heated abortion debate is challenged upon closer scrutiny. With minimal abortions occurring beyond 21 weeks and only 8% of Canadians opposing abortion entirely, Canadians are actually more aligned than we might think.

What happens after you sign the surrogacy agreement?

The ink on the contract is still wet. Now what happens? Watch to find out!

3 ways to save money during surrogacy

If you are considering surrogacy, check out this video that provides 3 ways to save money during surrogacy.

What Can Be Reimbursed to Surrogates?

In Canada it is against the law to pay a surrogate, although reimbursements are legal. But which reimbursements are lawful?

Three Things to Discuss With Your Surrogate

3 things people considering surrogacy should discuss with a potential surrogate

Where Does a Surrogate Give Birth?

Does the location of the birth really matter? (hint: yes, yes it does)

Should You Have a Contract With Your Donor?

It is really necessary to have a contract with a egg, sperm or embryo donor?

What Happens After Surrogacy?

The baby is born: now what?

Can Donors Decline Reimbursements?

Once in a while a client who is donating eggs to a friend or relative has asked us, do I have to accept the reimbursements? They aren't sure if refusing to be reimbursed for out-of-pocket expenses could somehow affect the legality of the agreement.

3 Considerations When Choosing Whether to Donate Eggs Anonymously

Deciding to donate eggs is a big decision. The second biggest decision? Whether to do so on a known or anonymous basis.

3 Reasons to Have a Surrogacy Agreement

3 reasons why having a surrogacy agreement is SO IMPORTANT!

Can Someone Use Your Egg or Sperm After You Die to Have a Baby?

Can someone retrieve your sperm or egg from your body after you die - and use it to have a child? The answer is complicated.

Do Surrogates Get Paid?

Do surrogates get paid? What can be reimbursed? How do reimbursements work? This video has the answers!

What happens during the surrogacy process?

In this vlog, the surrogacy process is demystified.

An Overview of the Embryo Donation Process

In this video I provide an overview of the embryo donation process.

What I Want Egg Donors to Know Before Our Meeting

Information for egg donors to consider before they meet with a lawyer for independent legal advice.

When do I need a surrogacy lawyer?

Intended Parents often call us at the very beginning of their surrogacy journey. While we're happy to chat, the actual legal work does not begin until later in the process.

How has Covid-19 impacted surrogacy in Canada?

Three ways Covid-19 has impacted surrogacy.

Don't Abandon Your Surrogate!

Some non-legal advice for intended parents about surrogacy.

# 1 Tip for Intended Parents

Find out our #1 tip for intended parents considering surrogacy.

What does a surrogacy lawyer do?

At the highest level, surrogacy lawyers do 2 main things: (1) help with the surrogacy agreement (drafting it and/or providing legal advice) and (2) ensuring the intended parents' names are shown on the birth certificate.

#1 Reason Surrogates Need Their Own Lawyer

Why is it so important that intended parents and surrogates have their own lawyers? Find out here!

Is surrogacy legal?

Our vlog answering the question: is surrogacy legal?

Changes to the Law: Reimbursement of Surrogates and Donors

Since 2004 we've been waiting for the Assisted Human Reproduction Act to tell us what expenses can lawfully be reimbursed to donors and surrogates. Finally, the time has come. Mostly.

What goes into an embryo donation contract?

Embryo donation agreements all have one thing in common. Can you guess what?

Safety of Sperm and Ova Regulations

We've been getting lots of questions about Health Canada's new regulations relating to donating genetic material...

Is it legal to retrieve sperm from a dead man – and use it to have a baby?

Is it legal to retrieve sperm from a dead man – and use it to have a baby? The short answer is exactly what you’d expect from a lawyer: it depends. The long answer, for Canada at least, is that it depends on whether the deceased man put his wishes in writing and who would be using the sperm.

Health Canada Plans to Consider Amending Assisted Human Reproduction Act

Health Canada expresses plans to amend the Assisted Human Reproduction Act

Changes to Reimbursements of Surrogates and Donors

Health Canada released regulations to the Assisted Human Reproduction Act, which now specifies what can be reimbursed to egg/sperm donors and surrogates.

Reproductive Health Law Chapter

Lisa had the pleasure of writing the Reproductive Health Law chapter in the 2019 book entitled "Introduction to Health Law in Canada".

Proposed Regulations to the Assisted Human Reproduction Act: Lisa Feldstein’s Submissions to Health Canada

Here are the submissions made by Lisa Feldstein to Health Canada.

Free Birthing: A Health Lawyer’s Perspective

“Free birthing” is a movement of pregnant women rejecting the medicalization of birth and intentionally delivering babies outside the health care system. Why do people do it? Is it legal? And what can be done instead?

Two upcoming fertility law events!

The week of November 19 is all about fertility law!

Surrogacy Contract Process

Confused about surrogacy law? Here is an overview of the legal process.

What happens to frozen embryos when a couple gets divorced?

An Ontario Court provided some clarity as to how frozen embryos should be divided in the event of a divorce.

Is commercial surrogacy becoming legal?

In Canada it is currently against the law to pay someone to donate sperm or eggs, or to be a surrogate. One politician wants to change that.

Assisted Human Reproduction Act Amendments on the Horizon: Have Your Say!

Health Canada is planning on amending the Assisted Human Reproduction Act and is seeking feedback from the public.

Hospital staff should not have to review surrogacy contracts: potential implications of Bill 28

There is a new Bill in government that would alter how surrogacy operates in Ontario.

Bill 28: Lisa Feldstein’s Submissions to Government

See what we submitted to the government.

Ontario proposes to redefine parentage

On September 29, 2016 the Ontario government introduced a new Bill that would fundamentally change the legal landscape with respect to who is a parent.

Cy and Ruby’s Act: One step forward for LGBTQ equality, one step back for surrogacy

Cy and Ruby’s Act will create real change in Ontario. But hopefully the path to equality will not be accompanied by introducing fundamental flaws to surrogacy procedures in Ontario.

Ontario Government Announces IVF Funding – Starting December 2015!

As of December 2015 the Ontario government will start to pay for IVF.

What happens when a sperm bank does not properly screen its donors?

An Ontario couple is suing a Georgia sperm bank because the donor profile was allegedly falsified.

Can surrogacy expenses be deducted when filing taxes?

Twin with Down Syndrome left behind with surrogate

Calgary fertility clinic criticized for controversial policy ban on blending races

Lisa Feldstein published by Cancer Knowledge Network: “Legal Considerations before Freezing Embryos”

Why intended parents and surrogates should think twice about traditional surrogacy

Bill C-607: An act to amend the Assisted Human Reproduction Act (surrogacy)

Ontario Government to Fund IVF

Can I use my friend’s surrogacy agreement?

Lisa Feldstein published by Ontario Society of Medical Technologists on access to information about blood relatives

Surrogacy Agency Pleads Guilty to Criminal Charges – Now What?

“Lawyer Lisa” on PROUD FM

U.S. Surrogacy Agent Defrauded Clients, Sentenced to 5 Years in Jail

Who Receives OHIP Funding for IVF?

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

Charges Against Fertility Consulting Business

Double Trouble: Should a Couple be Entitled to Double the Parental Benefits if They Have Twins?