Reproductive & Fertility Law · Ontario
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
What We Do
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.
We draft and negotiate surrogacy agreements for intended parents, and provide independent legal advice to a surrogate reviewing one.
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.
We draft embryo donation agreements for our intended-parent clients, and advise donors reviewing one to make sure their interests are represented.
We help confirm legal parentage after a surrogacy or donor arrangement, so the right people are recognized as parents.
We advise surrogates and donors reviewing an agreement someone else has drafted, so their interests are properly considered.
Flat fees are available for many of our surrogacy law services, so you know the cost upfront before we begin.
Working With Us
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.
Send us an email or call. We'll quickly assess whether and how we can help.
We walk through your situation and explain what the law does — and doesn't — require.
We draft or review your agreement, and stay available as questions come up along the way.
The Process
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.
Intended parents meet with their lawyer, get legal advice, and answer the lawyer's questions. The surrogate does not attend this meeting.
The intended parents' lawyer drafts the surrogacy agreement and sends it to the intended parents for review and feedback.
The surrogate meets with her own lawyer to review the agreement, and may propose changes.
The intended parents' lawyer makes any proposed changes, after discussing them with the intended parents.
The intended parents and surrogate sign the final agreement, and the lawyer notifies the clinic that the agreement has been executed.
Intended parents meet with their lawyer for advice about the process, and the lawyer asks for the detailed information needed to draft the agreement.
A draft agreement is prepared and sent to the intended parents for review and feedback.
The donor meets with their own lawyer to review the agreement, and may propose changes.
The donor's lawyer sends any proposed amendments to the intended parents' lawyer, who discusses them with the intended parents.
The intended parents and donor sign the final agreement, and the lawyer sends a clearance letter to the clinic confirming it's been executed.
Frequently Asked
"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.
Please do not send us any confidential information until we have been formally retained as your lawyers.
