Fertility Law Services

Fertility law in Canada operates at the intersection of federal human reproduction legislation, provincial parentage laws, birth registration regulations, contract law, health law and consent, wills and estates, and insurance law. It is most often engaged when individuals and couples grow their families through third-party reproduction, including surrogacy, and ova, sperm, and embryo donation. Fertility law plays a central role in the creation of families with the help of others, providing a legal framework that ensures a safe and collaborative process. Flowerday Fertility Law is proud to be recognized as a trusted leader in the fertility law space.

There are important laws to consider at the federal and provincial levels. At the federal level, the Assisted Human Reproduction Act (AHRA) governs the financial arrangements between parties, prohibiting any form of commercial surrogacy or gamete donation, and the consent requirements, ensuring that all parties are fully informed and have given their clear and voluntary consent. At the provincial level, laws vary across jurisdictions but generally govern how Intended Parents can establish their legal parentage and obtain birth certificates and court orders reflecting their status as parent.

No, you do not need to be Canadian or living in Canada to pursue surrogacy or gamete donation in Canada. Both international and non-resident individuals or couples can access these family-building options. For surrogacy, it’s important to ensure that the desired legal outcome can be achieved in the province of birth (excluding Quebec), as surrogacy laws vary by province. Additionally, both gamete donation and surrogacy agreements must adhere to Canadian laws, which prohibit payment beyond the expenses outlined in the Assisted Human Reproduction Act (AHRA).

Your fertility lawyer will be a leader and central point of contact for your family-building team, so choosing the right person is essential. The ideal fertility lawyer will have extensive experience in reproductive law, particularly in surrogacy, as well as ova, sperm, and embryo donation. They should understand the nuances of each legal process and work cooperatively with other professionals involved. Empathy, responsiveness, and the ability to clearly communicate complex legal information, while offering personalized advice tailored to your needs, are essential qualities. At Flowerday Fertility Law, we are proud to provide expert legal guidance that exceeds the highest standards and would be honoured to be a member of your team.

A fertility lawyer is a vital member of your family-building team, working closely with various professionals to ensure a smooth process at every legal touchpoint. They collaborate with fertility clinics, donor and surrogacy agencies, collaborating counsel, fertility counselors, and financial advisors to protect your legal interests. By partnering with a knowledgeable, organized fertility lawyer with strong communication skills, you can greatly enhance your journey, facilitating progress and providing peace of mind throughout the process.