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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.
If you are planning on pursuing surrogacy, we suggest reading through our FAQ's section that answers common questions you may have about the process.
From before birth until after death, we interact with the health care system. Not just as patients, but as family members. We use a donor if our partner is infertile or our spouse happens to be the same sex. We make medical decisions on behalf of our children, siblings or parents. We seek help when a loved one is suffering from a mental illness and refuses to get help. And we make decisions at the end of life, such as whether to withdraw life-sustaining treatment or donate a relative’s organs. All of these decisions have legal implications that dictate our rights, responsibilities and options. Sometimes the laws are
voluminous, other times they are non-existent. In most cases, they are difficult to find and understand.
Family Health Law™ is a niche area of health law that focuses on the role of the family member as caregiver, decision-maker and advocate. We help our clients understand and navigate legal issues in the health care system. We draft agreements, provide legal advice, and advocate for clients.