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.

The Barwin Babies: A CTV W5 Investigation

Blog Post
April 5, 2018
Read Time: 1 minute

In 2016, Nelligan O’Brien Payne commenced a class action law suit against Dr. Norman Barwin who allegedly used his own sperm to impregnate up to 11 patients seeking fertility treatments at his clinic, the Broadview Fertility Clinic. CTV’s W5 investigated this story, and it will air on Saturday, April 7th at 7pm.

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.

Co-Mommas: A Historic Declaration of Parentage

Blog Post
February 23, 2017
Read Time: 2 minutes

What happens when two people who are not in a romantic relationship want to raise a child together? Does the law recognize these kinds of parents? In a Canadian first, our very own Marta Siemiarczuk assisted Natasha Bakht and Lynda Collins in asking the court to declare them as co-mothers of Natasha’s son, Elaan.

Class Action For The Fertility Doctor Who Used His Own Sperm

Blog Post
November 23, 2016
Read Time: 2 minutes

The case of fertility doctor Norman Barwin has made headlines not just in Canada, but internationally as well. In a Statement of Claim our firm has filed, we have alleged that in the late 1980s he used his own sperm to impregnate at least two women during artificial fertility treatments at his fertility clinic, the Broadview Fertility Clinic.