Reproductive & Fertility Law in Ontario | Lisa Feldstein Law Office

Reproductive & Fertility Law · Ontario

Lisa Feldstein, Fertility Lawyer in Ontario

Protecting everyone involved
in building a family.

Whether you're an intended parent, a surrogate, or a donor, third-party reproduction raises real legal questions — about parentage, compensation, and what happens if things don't go as planned. We draft agreements, provide independent legal advice, and help make sure everyone's interests are properly represented.

Talk to a Fertility Lawyer
"Donating genetic material is a big deal. If a child is born, there's a lifelong connection — whether or not anyone plans to stay in touch. We help you think that through before you sign anything."
— Lisa Feldstein, Fertility Lawyer

How can a fertility lawyer help?

Reproductive law — sometimes called fertility law — governs assisted human reproduction in Canada. There are real gaps in the legislation, few Canadian cases decided by the courts, and significant penalties for getting it wrong. Legal advice is essential in any case involving a surrogate or known donor.

Surrogacy Agreements

We draft and negotiate surrogacy agreements for intended parents, and provide independent legal advice to a surrogate reviewing one.

Egg & Sperm Donor Agreements

We draft donor agreements for our intended-parent clients, and provide independent legal advice to a donor reviewing one — either way, protecting our client's interests.

Embryo Donation

We draft embryo donation agreements for our intended-parent clients, and advise donors reviewing one to make sure their interests are represented.

Parentage Applications

We help confirm legal parentage after a surrogacy or donor arrangement, so the right people are recognized as parents.

Independent Legal Advice

We advise surrogates and donors reviewing an agreement someone else has drafted, so their interests are properly considered.

Flat-Fee Options

Flat fees are available for many of our surrogacy law services, so you know the cost upfront before we begin.


It's easier than you think

We meet with clients in person and virtually — whatever works best for your situation. Whether you're just starting to explore your options or ready to draft an agreement, we meet you where you are.

1

Get in Touch

Send us an email or call. We'll quickly assess whether and how we can help.

2

Legal Advice Meeting

We walk through your situation and explain what the law does — and doesn't — require.

3

Agreement & Ongoing Support

We draft or review your agreement, and stay available as questions come up along the way.


What actually happens, step by step

We guide our clients through the process to make sure they don't contravene the law, and that their legal interests are advanced and their rights protected. We work to preserve and enhance the relationship with the other parties involved, and stay focused on your goals without losing sight of why the agreement exists and what's really at stake.

Surrogacy Contract Process

1

The Meeting

Intended parents meet with their lawyer, get legal advice, and answer the lawyer's questions. The surrogate does not attend this meeting.

2

The Drafting

The intended parents' lawyer drafts the surrogacy agreement and sends it to the intended parents for review and feedback.

3

Independent Legal Advice

The surrogate meets with her own lawyer to review the agreement, and may propose changes.

4

The Amendments

The intended parents' lawyer makes any proposed changes, after discussing them with the intended parents.

5

The Execution

The intended parents and surrogate sign the final agreement, and the lawyer notifies the clinic that the agreement has been executed.

Gamete/Embryo Donation Process

1

The Meeting

Intended parents meet with their lawyer for advice about the process, and the lawyer asks for the detailed information needed to draft the agreement.

2

The Drafting

A draft agreement is prepared and sent to the intended parents for review and feedback.

3

Independent Legal Advice

The donor meets with their own lawyer to review the agreement, and may propose changes.

4

The Amendment

The donor's lawyer sends any proposed amendments to the intended parents' lawyer, who discusses them with the intended parents.

5

The Execution

The intended parents and donor sign the final agreement, and the lawyer sends a clearance letter to the clinic confirming it's been executed.


Questions we hear most often

Do intended parents and surrogates need separate lawyers?
Typically, yes. Intended parents hire a lawyer to advise them and draft the surrogacy agreement. The surrogate then receives independent legal advice from her own lawyer, to make sure her interests — including that she won't be considered a parent of the child — are properly represented.
What does a lawyer do specifically for a surrogate?
A surrogate's lawyer reviews her agreement to make sure all the essential items are covered — for example, suggesting more frequent reimbursement than what's initially proposed, or helping clarify what happens if the surrogate has a miscarriage and doesn't want to try again.
What does a lawyer do specifically for an egg or sperm donor?
A donor's lawyer helps the donor think through the long-term implications of donating — since if a child is born, there's a lifelong genetic connection whether or not anyone plans to stay in touch. The lawyer also ensures the contract clearly states the donor won't be responsible for child support, and confirms the agreement reflects the donor's actual wishes.
Is surrogacy legal in Canada?
Yes. The Assisted Human Reproduction Act does not prohibit surrogacy. What isn't legal is paying a woman to act as a surrogate — her involvement has to be altruistic, though she can be reimbursed for out-of-pocket expenses.
Do you offer flat fees?
Yes. Flat fees are available for many of our surrogacy law services, so you know the cost upfront before we begin.
Can you help with embryo donation too?
Yes. We draft embryo donation agreements for our intended-parent clients, and provide independent legal advice to donors reviewing an agreement someone else has drafted.
Where can I learn more specifically about surrogacy?
Our Surrogacy Law FAQs page covers the most common questions we hear from intended parents, surrogates, and donors in more detail.

"Lisa Feldstein has been tremendously compassionate, empathetic and transparent in her communications with us as intended parents through surrogacy. She is a fierce advocate for fair and inclusive rights, both for IPs and surrogates."

— Intended Parents, via Surrogacy

Ready to start the conversation about building your family?

Every family's path looks a little different. Book a legal advice meeting and we'll help map out yours.

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Please do not send us any confidential information until we have been formally retained as your lawyers.