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Fertility Resources

Fertility Law Glossary

Fertility law can feel like a whole new language.
So we created this glossary to keep things simple. Use it as a quick, easy reference whenever you need clarity along the way.

The only form of surrogacy permitted in Canada, where the surrogate is not paid but may be reimbursed for eligible expenses.

A donor whose identifying information is not disclosed, subject to evolving legal and ethical considerations.

A form of authentication issued for a document so it can be recognized as valid in another country. An apostille confirms the origin of a public document (such as a birth certificate or court order) for use in countries that are part of the Hague Apostille Convention.

Federal legislation that regulates assisted reproduction in Canada, prohibiting payment for surrogacy or gamete donation while allowing reimbursement of eligible expenses.

A blood test used to confirm pregnancy following embryo transfer.

An official document issued by the provincial government where the birth occurred, listing a child’s legal parent(s) following birth registration or a parentage declaration.

The formal registration of a child’s birth with provincial authorities.

The legal framework governing surrogacy in Canada, primarily regulated by the Assisted Human Reproduction Act and provincial parentage laws.

The legal ability of a person to understand and voluntarily agree to a fertility arrangement.

A term commonly used in the 2SLGBTQIA+ community to describe a family formed by intention, support, and care rather than biological or legal ties.

Legal steps required to secure citizenship, passports, or travel documents for children born through international surrogacy.

Medical consent documents signed with a fertility clinic outlining procedures, risks, and responsibilities.

A parent in a same-sex female couple or family structure who does not carry the pregnancy but intends to be a legal parent.

Legal issues that arise when more than one jurisdiction applies to a fertility arrangement.

A judicial order confirming who the legal parents are when required under provincial law.

A surrogacy arrangement involving more than one country, requiring coordination of multiple legal systems.

A full round of fertility treatment including medication, monitoring, and procedures.

A legal process or court order confirming the intended parents as the child’s legal parents after birth.

A donation made specifically for a known recipient.

A legal agreement that clarifies consent, intentions, and parental status when sperm, eggs, or embryos are donated.

A child conceived using donated sperm, eggs, or embryos.

A fertility arrangement where both the egg and sperm used to create an embryo come from donors, meaning the intended parent(s) do not have a genetic connection to the child.

The transfer of two embryos during a single IVF cycle.

An individual who provides ova for use in assisted reproduction without intending to be a legal parent.

A medical procedure used to collect eggs from a donor or intended parent.

The process of creating and freezing multiple embryos over one or more IVF cycles for future use.

The transfer of an embryo created through IVF to another person or couple for the purpose of pregnancy.

The placement of an embryo into a uterus.

The process of documenting expenses to ensure lawful reimbursement under Canadian surrogacy law.

A licensed medical facility providing assisted reproductive technologies such as IVF.

The process of freezing eggs, sperm, or embryos for future use, often prior to medical treatment or life planning decisions.

Fertility services tailored to support transgender and non-binary individuals, including fertility preservation and family-building options.

A form of surrogacy where the surrogate has no genetic connection to the child.

A letter provided to a hospital outlining the surrogacy arrangement and confirming intended parents’ roles at birth.

A required or recommended counselling process that helps intended parents, surrogates, and donors understand the emotional and relational aspects of assisted reproduction, including expectations, roles, and future considerations.

Legal advice provided by a lawyer who represents only one party in a fertility arrangement, ensuring informed consent and understanding of rights and obligations.

A legal requirement that all parties understand the medical, legal, and practical implications of assisted reproduction before proceeding.

Individuals or couples who plan to be the legal parent(s) of a child conceived through assisted reproduction. Depending on context, an individual may be referred to as an Intended Mother, Intended Father, or Intended Parent.

Surrogacy arrangements that take place outside Canada and involve foreign laws.

A process where eggs are fertilized with sperm in a laboratory before transfer to a uterus.

A commonly used term to describe the overall experience from matching through birth.

A donor whose identity is known to the intended parents and who typically enters into a detailed donor agreement.

A letter confirming that all legal requirements have been completed prior to treatment.

A legal review ensuring a fertility arrangement meets federal and provincial requirements.

The legal recognition of who a child’s parents are, establishing parental rights and responsibilities.

The process of pairing intended parents with a surrogate or donor.

Confirmation from a fertility clinic that a patient, surrogate, or donor is medically approved to proceed with treatment, based on screening, testing, and clinical assessment.

The professionals involved in fertility journeys, including lawyers, doctors, counsellors, and clinics.

A parent who does not identify exclusively as male or female.

A legal or administrative process completed after birth to establish legal parentage.

A fertility agreement signed before conception documenting intentions regarding parentage and consent.

A legal assumption, often that the person who gives birth is the parent, which must be addressed in surrogacy arrangements.

Any payment for surrogacy or donation beyond reimbursable expenses, which is illegal in Canada.

The laws in each province that govern how legal parentage is established, including procedures for recognizing intended parents and addressing surrogacy or donor arrangements.

A term describing family creation within the 2SLGBTQIA+ community, often involving assisted reproduction, surrogacy, or donor conception.

A fertility treatment often used by same-sex female couples where one partner provides the eggs and the other carries the pregnancy.

The legal process used to confirm that the intended parents (not the surrogate) are the child’s legal parents.

Expenses supported by documentation to demonstrate compliance.

Out-of-pocket costs that may legally be reimbursed when properly documented.

An individual pursuing parenthood on their own through assisted reproduction, surrogacy, or donor conception.

A term used to describe individuals or couples who require assisted reproduction not due to medical infertility, but due to circumstances such as being single or part of a same-sex couple.

An individual who provides sperm for conception and does not intend to assume parental rights or responsibilities.

Hormonal medications used to stimulate egg production.

A method of assisted reproduction where a person carries and gives birth to a child for intended parents.

A written legal agreement outlining intentions, responsibilities, and expectations before conception.

A person who carries a pregnancy for intended parents and does not intend to be a legal parent.

Assisted reproduction involving someone other than the intended parents.

A parent whose gender identity differs from the sex assigned at birth.

A form of surrogacy where the surrogate uses their own egg (rare and legally complex).

Funds held in trust to reimburse the surrogate in compliance with Canadian law.

The provincial authority responsible for birth registration and issuing birth certificates.

A legal acknowledgment that a donor does not intend to be a legal parent.