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 (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:
There is also provincial law that governs privacy, regulates health professionals and establishes the parentage of a child.
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:
Please contact Lisa Feldstein Law Office to inquire about additional services we offer.