Lisa Feldstein advising hospitals and fertility clinics on reproductive law

For Hospitals & Fertility Clinics · Ontario

Legal Advice for Hospitals & Fertility Clinics in Ontario

Reproductive law is a complex, fast-moving area of law. We present to and advise hospitals and fertility clinics directly on the legal issues that come up in assisted human reproduction — from consent and privacy to compliance with the Assisted Human Reproduction Act.

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Understanding the Legal Framework

What does the AHRA prohibit?

The Assisted Human Reproduction Act ("AHRA") is the federal legislation that regulates assisted human reproductive technologies in Canada. It prohibits:

  • Creating an in vitro embryo for any purpose other than creating a human being, or improving or providing instruction in assisted reproduction procedures.
  • Maintaining an embryo outside the body of a female person after the 14th day of its development following fertilization or creation (excluding any time during which its development has been suspended).
  • Performing any procedure that would ensure or increase the probability that an embryo will be of a particular sex.

Provincial law also plays a role — governing privacy, regulating health professionals, and establishing the legal parentage of a child.

What We Can Do For You

Topics we advise on

We present to and advise hospitals and fertility clinics on legal matters pertaining to reproductive law, including:

Consent and capacity Consent forms Contracts Destruction of gametes Egg donation Embryo donation Health Care Consent Act Information sharing Informed consent OHIP Policies Powers of attorney Privacy Professional regulation Reproductive technology Research Sperm donation Statutory compliance Substitute decision-making Surrogacy

How Lisa Feldstein Law Office Can Help

An institutional perspective on reproductive law

Lisa's understanding of how hospitals and fertility clinics actually operate goes back to the start of her career. She began at a health law boutique firm, advising health care organizations directly. As an articling student, she completed a secondment at the Centre for Addiction and Mental Health (CAMH). Before law school, she worked in the research ethics office at St. Michael's Hospital.

That background has translated into real experience advising clinics on sensitive, complex matters — including abandoned embryos and other thorny ethical situations, as well as consent forms.

Lisa has focused her legal practice on reproductive and health law since 2013. She is an Adjunct Professor of Health Care Law at York University, and has been published and interviewed in outlets including the Canadian Journal of Family Law, CTV, and the National Post.

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Frequently Asked Questions

Hospitals & fertility clinics: common questions

Do you advise hospitals and fertility clinics directly, not just individual clients?+

Yes. In addition to advising intended parents, surrogates, and donors, we present to and advise hospitals and fertility clinics themselves on reproductive law matters.

Does Lisa have experience working directly with health care institutions?+

Yes. Lisa began her career at a health law boutique firm advising health care organizations, completed an articling secondment at CAMH, and worked in the research ethics office at St. Michael's Hospital before law school. She's advised clinics directly on matters including abandoned embryos and other complex ethical situations.

Can you help draft or review consent forms and clinic policies?+

Yes, this is one of the areas we regularly advise on, alongside related matters like waivers, indemnities, and statutory compliance.

Do you provide training or presentations to hospital or clinic staff?+

Yes. Lisa regularly presents on reproductive law topics to legal, medical, and fertility professionals. Get in touch to discuss a presentation for your team.

What does the AHRA regulate?+

The Assisted Human Reproduction Act is the federal legislation governing assisted human reproductive technologies in Canada, including specific prohibitions around embryo creation, embryo development timelines, and sex-selection procedures.

Looking for legal counsel or a presentation for your hospital or clinic?

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