When you are trying to start a family through means other than conventional conception, the last thing you need to worry about are legal issues. But that doesn’t mean you can afford to ignore them.
Fertility law is a new and quickly growing practice area. Why? Because when you pursue a non-conventional path to create a family, emotions can and do run high. It’s extremely difficult to remain objective. The lines that define the rights and obligations of each person involved are all too easy to blur and become a source of conflict.
Our team is uniquely suited to help clients navigate these difficult situations. Our lawyers have represented surrogates, egg donors, sperm donors, embryo donors and intended parents in negotiating and drafting agreements to reflect their intentions.
We are also experienced in the laws related to parentage upon birth when assisted reproduction techniques are being used and can advise and assist parents who need declarations of parentage and/or adoption orders to confirm their parenting rights. We have successfully worked with clients who needed parental recognition in unique circumstances where the parents were neither spouses nor were they genetically linked to their child.
Our Fertility Law Services:
- Surrogacy agreements
- Egg donor agreements (ova donor agreements)
- Embryo donation agreements
- Protecting parenting rights for people having children with the use of assisted reproduction techniques
- Seeking declarations of parentage for intended parents who cannot automatically be named on a child’s birth certificate
- Sperm donor agreements
- Seeking adoption orders for parents, step-parents and second parents where assisted reproduction techniques have been used
- Litigating client rights for custody or parentage when disputed by a surrogate or donor in sperm/egg donation situations
- Litigating client rights when errors have occurred at the clinic or been made by the doctor providing the assisted reproduction services
Our lawyers also have experience litigating fertility law issues. These include:
- Successful Court Applications to have intended parents recognized and treated on an equal playing field relative to genetic or adoptive parents in all kinds of family make-ups.
- Protecting intended parents’ custodial rights where surrogates or donors assert parenting or access rights over a child after birth.
- Litigating liability and damages when errors have occurred at the clinic or been made by the doctor providing the assisted reproduction services.
Related Articles and Blog Posts
- Barwin Fertility Case – The Many Ways People Have Been Affected (10/23/2018)
- Can an embryo be treated as “property”? (8/3/2018)
- Bill C-404: How Will It Change Surrogacy in Canada? (5/30/2018)
- Surrogacy – Erin Lepine Writes for the Law Times (5/8/2018)
- Canadian Infertility Awareness Week (4/26/2018)
- The Barwin Babies: A CTV W5 Investigation (4/5/2018)
- When having a baby is a team effort (9/28/2017)
- Co-Mommas: A Historic Declaration of Parentage (2/23/2017)
- Bill 28: How Does It Change Ontario’s Parentage Laws? (12/1/2016)
- Class Action For The Fertility Doctor Who Used His Own Sperm (11/23/2016)