Using a surrogate can be confusing. Regulated under the Assisted Human Reproduction Act, not only are there complex laws and regulations surrounding surrogacy in Canada, but parentage laws vary province-to-province.  To ensure that you are following the laws and regulations surrounding surrogacy, it is important to consult a lawyer and draw up a surrogacy agreement.  Read on to learn more about surrogacy agreements, and why they are so important.

What is a Surrogacy Agreement?

Surrogacy refers to when someone carries a child for an individual or couple who are the intended parents of the child, with the intention that the surrogate will give the child to the intended parents upon the child’s birth. A surrogacy agreement outlines the rights of the parties in this arrangement, ensuring the intentions of each party are upheld, and that the surrogacy is a good fit for both parties.

Situations can become complicated when children are involved, and you should have a surrogacy agreement in place, even if the surrogate is someone you know and trust.  Having an agreement in place will help avoid conflicts, misunderstandings, or fallings-out with the surrogate during the pregnancy or when the time comes for the baby to be born.  The agreement will establish legal parentage of the child and all expectations and obligations associated with the surrogate relationship.

When Should You Create a Surrogacy Agreement?

A surrogacy agreement must be drawn up BEFORE embryos are transferred into the surrogate.  This timing ensures that everyone involved understands their rights, obligations, and expectations in relation to the surrogacy.

If the parties do not sign a surrogacy agreement prior to the transfer of embryos, they will need to undertake additional legal steps so that the intended parents can be recognized as the legal parents of the child.  This may come in the form of a Declaration of Parentage or a second parent adoption, both of which require the commencement of court proceedings.  To avoid the additional financial costs, stress and time associated with these additional steps, it is crucial to speak to a lawyer specializing in fertility law prior to entering into a surrogacy agreement.

If you are considering using a surrogate, or would like more information on surrogacy agreements and the legalities surrounding them, Brace Law can help.  Lianna Sanelli is an experienced family and fertility lawyer, and will be able to guide you through the legal process and draft the necessary legal documents.  Becoming a parent is a huge step in your life, and the legal process that goes along with it should be taken equally seriously. Ensure that you are covered by consulting a lawyer in this exciting and lifechanging time.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, Farsi and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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If you are struggling with fertility issues, are a single parent, or a same gender couple, it may be time to consider using an egg, sperm, or embryo donor. You will be happy to know that the use of assisted reproductive technologies (ARTs) is legal in Canada. Before you start this journey however, it is important that you understand the legalities surrounding using a donor in Ontario. The laws surrounding egg, sperm, and embryo donation are quite complex, but can be understood with the help of a trained legal professional.

Regulated under the Assisted Human Reproduction Act, a complex and confusing piece of legislation, fertility and surrogacy law in Canada can be a challenge for hopeful parents to navigate. These strict laws regulate the use of ARTs in Canada, and it is important that anyone relying on third party reproduction speak to a fertility lawyer before any big decisions are made.

Egg & Sperm Donation

Egg and sperm donation refers to when an individual donates their eggs or sperm to an individual or couple who require a donor for reproductive purposes. A prospective egg donor should consult a legal professional, as well as a medical professional, to discuss the risks involved in egg donation and determine if it is safe to proceed. While it is legal to use an egg or sperm donor in Canada, it is illegal to pay them. Donors can only be reimbursed for expenses related to the donation. Egg donation is an invasive, often risky procedure, and it is important that it is not done for financial gains. Paying an egg or sperm donor in Canada is a criminal offence, and carries severe penalties including fines and even jail time.

Embryo Donation

It may happen that people have embryos left over when they are finished building their families. In this scenario, families can dispose of the embryos, donate them to scientific research, store them, or donate them to a family in need. Similar to egg and sperm donation, it is illegal to pay an embryo donor for the embryo, and doing so carries severe criminal penalties.

Whether you are considering egg, sperm, or embryo donation, those considering using a donor can proceed one of two ways: using a known or unknown donor. Each of these options has its risks and necessitates a visit to a legal professional, and drafting a donor agreement is crucial—especially when you are using a known donor. While you may trust your friend or family member to be reasonable during the donation process, things can get complicated and emotional where children are involved. A donor agreement is the best way to establish parentage for the child, and outline each party’s rights, obligations, intentions, and expectations as they enter into a donor agreement.

The donor agreement should be signed before the egg/sperm/embryo is used for reproductive purposes, and failure to do this could trigger the commencement of court proceedings to establish the legal parentage of the child.

If you are considering using an egg, sperm, or embryo donor, or have questions regarding becoming a donor, please contact Lianna Sanelli at Brace Law. A knowledgeable fertility and surrogacy law lawyer, Lianna can guide you through the process, answer questions, and draft legal documents. Becoming a parent is a huge step in your life, and the legal process that goes along with it should be taken equally seriously. Ensure that you are covered by consulting a lawyer in this exciting and lifechanging time.

We serve our clients in English, Albanian, Italian, Arabic, Punjabi, Hindi, and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

The post What You Need to Know About Egg, Sperm, & Embryo Donation in Canada appeared first on Bracelaw.