Can an embryo be treated as “property”?

Blog Post
August 3, 2018
Read Time: 3 minutes

It is estimated that around 16 per cent of couples in Canada experience infertility, and more and more people are turning to assisted reproduction to form their families. This can bring with it a whole raft of new legal issues. A recent precedent-setting case by the Ontario Superior Court of Justice, S.H. v. D.H., looked… Read more »

Bill C-404: How Will It Change Surrogacy in Canada?

Blog Post
May 30, 2018
Read Time: 2 minutes

What is Bill C-404 and what changes does it propose to surrogacy in Canada? In our latest Family Law blog post, Erin Lepine looks at the Bill and the repercusions for the governance of reproduction.

Surrogacy – Erin Lepine Writes for the Law Times

Blog Post
May 8, 2018
Read Time: 1 minute

Family and Fertility lawyer Erin Lepine has written an article for the latest issue of Law Times, called “Stop the commercialization of surrogacy”. The article discusses the push by Anthony Housefather, chair of the House of Commons justice committee, to decriminalize payment in surrogacy, egg donation and sperm donation arrangements in Canada. Erin argues that the commercialization of surrogacy would violate a number of core Canadian values.

Canadian Infertility Awareness Week

Blog Post
April 26, 2018
Read Time: 1 minute

This week is Canadian Infertility Awareness Week. Did you know that Nelligan O’Brien Payne has a strong and talented group of lawyers practising in fertility law matters? Below are links to some of our recent blog posts.

When having a baby is a team effort

Blog Post
September 28, 2017
Read Time: 4 minutes

A surrogacy arrangement typically involves a few extra players who wouldn’t be present in a traditional pregnancy. Fertility specialists, lab technicians, sperm or egg donors and a surrogate and her loved ones come on board to assist a family in creating a new life. While it’s amazing to see how having a baby becomes a team effort, each new person who enters the equation increases the odds of a misunderstanding or miscommunication escalating into a dispute.

Key Considerations When Thinking About Surrogacy

Blog Post
July 7, 2016
Read Time: 3 minutes

As reproductive science continues to advance, fertility law is fighting to keep up. In the absence of clear and detailed legislation, however, it can be difficult to know one’s rights and obligations. While pulling from existing legislation and legal principles can help to deal with legal issues affecting both the intended parent(s) and the surrogate, there remain a plethora of issues that should be carefully considered before deciding to use or become a surrogate.

The Legalities of Egg Freezing

Blog Post
November 5, 2014
Read Time: 2 minutes

A few weeks ago, lawyer Dana Du Perron wrote about how tech giants like Apple and Facebook are offering egg freezing as an employee benefit for female employees. Beyond the employment law realm, egg freezing raises some interesting and controversial fertility law issues as well.