Reproductive Law

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:

  • It prohibits payment for surrogacy (although payment for reasonable expenses is permitted)
  • It prohibits the purchase of sperm or egg from a donor
  • It provides rules with respect to consent to creation of an embryo

There is also provincial law that governs privacy, regulates health professionals and establishes the parentage of a child.

WHAT WE CAN DO FOR YOU

Surrogacy

  • Draft and review your surrogacy agreement and explain it to you in plain English
  • Ensure you understand the contract before you sign
  • Negotiate reimbursements
  • Provide independent legal advice
  • Represent clients in court to obtain declarations of parentage
  • Draft and witness statutory declarations
  • Provide guidance on whether you are eligible for maternity leave
  • Assist you to ensure the correct people are recognized as legal parents of the child
  • Assist with obtaining birth certificates and passports for the child
Learn more about surrogacy

Gamete Donation

  • Draft and review donor agreements (sperm, egg or embryo)
  • Ensure you understand the contract before you sign
  • Protect your rights and interests
  • Provide independent legal advice
Learn more about egg donation
Learn more about embryo donation