Entering the world of fertility treatment can feel like learning a new language.
You may suddenly hear people talking about IVF cycles, stimulation, egg retrievals, embryo transfers, known donors, legal clearance, and parentage; all before you’ve had time to understand what those terms mean or how they fit together.
The terminology becomes even more complicated when donor conception or surrogacy is involved. Medical, emotional, and legal concepts begin to overlap, and different professionals may use different words to describe the same stage of the journey.
This blog is intended as a starting point for people who are trying to understand the language used by fertility clinics, donors, surrogates, and lawyers. It does not cover every possible term, but it explains the words most likely to affect treatment planning, agreements, legal clearance, and parentage.
Explore our Fertility Law Glossary for more terms and definition.
Fertility Treatment & IVF Terms
These are some of the first terms you may encounter when speaking with a fertility clinic.
What is an IUI?
IUI stands for intrauterine insemination.
During an IUI, prepared sperm is placed directly inside the uterus around the time of ovulation. This shortens the distance the sperm must travel to reach an egg.
An IUI may involve:
- sperm from a spouse or partner;
- sperm from a known donor; or
- sperm obtained through a sperm bank.
IUI is different from IVF because fertilization is expected to occur inside the body. With IVF, eggs are fertilized in a laboratory.
When donor sperm is being used, legal advice may be recommended or required, particularly when the donor is known to the recipient.
What is IVF?
IVF stands for in vitro fertilization.
During an IVF cycle, eggs are collected and fertilized with sperm in a laboratory. If fertilization is successful, one or more embryos may develop. An embryo may later be transferred to the uterus of an intended parent or surrogate.
IVF can involve many different combinations, including:
- an intended parent’s eggs and their partner’s sperm;
- an intended parent’s eggs and donor sperm;
- donor eggs and an intended parent’s sperm;
- donor eggs and donor sperm;
- donated embryos; or
- embryos transferred to a gestational surrogate.
The medical steps may look similar, but the legal considerations change depending on whose reproductive material is used, who will carry the pregnancy, and who intends to become the child’s legal parents.
What Are Stims?
Stims is short for ovarian stimulation.
These are hormonal medications used to encourage the ovaries to develop multiple eggs during a fertility treatment cycle. A clinic monitors the person taking the medication through bloodwork and ultrasound appointments.
Stimulation may be undertaken by an intended parent who is using their own eggs or by an egg donor.
What Is an Egg Retrieval?
An egg retrieval is the medical procedure used to collect eggs from the ovaries after stimulation.
The eggs may be:
- frozen for future use;
- fertilized with sperm to create embryos;
- used by the person who underwent the retrieval; or
- donated for another person’s reproductive use.
When an egg donor is involved, an ova donation agreement is ordinarily completed before medication begins and before the retrieval takes place. The agreement records the parties’ intentions and addresses issues such as consent, confidentiality, expenses, future contact, and legal parentage.
What Is an Embryo?
An embryo is created after an egg has been fertilized by sperm and has begun to develop.
Embryos may be transferred during the same treatment cycle or frozen for possible future use. Some intended parents complete several IVF cycles to create and store multiple embryos, a process sometimes called embryo banking.
The people whose eggs and sperm created an embryo are not necessarily the same people who will become the child’s legal parents. That distinction becomes especially important in donor conception and surrogacy arrangements.
What Is an Embryo Transfer?
An embryo transfer is the placement of an embryo into a uterus.
The person receiving the embryo may be:
- an intended parent;
- the intended parent’s spouse or partner; or
- a gestational surrogate.
An embryo transfer is different from an egg retrieval. A retrieval collects eggs from the ovaries; a transfer places an embryo into the uterus in the hope that it will implant and result in a pregnancy.
In a surrogacy or donor conception arrangement, the clinic will usually require confirmation that the necessary ova donation, sperm donation, embryo donation, or surrogacy agreements have been signed before treatment or transfer proceeds. This confirmation is commonly called legal clearance.
Donor Conception Terms: Egg, Sperm, & Embryo Donation
Donor conception means that donated eggs, sperm, or embryos are used to help create a pregnancy.
The word donor describes the person providing reproductive material. It does not necessarily mean that the person intends to become a parent.
What Is an Egg Donor?
An egg donor, also called an ovum donor, provides eggs for another person’s reproductive use without intending to become a legal parent.
An egg donor may be:
- a relative or friend;
- someone matched through a donor agency; or
- previously known to the intended parents.
Egg donation is altruistic in Canada. A donor cannot legally be paid for donating eggs, although qualifying expenditures connected to the donation may be reimbursed when the legal requirements are followed.
What Is a Sperm Donor?
A sperm donor provides sperm to help another person or couple conceive without intending to assume parental rights or responsibilities.
Donor sperm may be used through IUI, IVF, or another form of assisted insemination.
The legal considerations can differ depending on whether the sperm is obtained through a sperm bank or from someone known personally to the recipient. A clinic consent form is not a substitute for a properly drafted sperm donation agreement.
What Is a Known Donor?
A known donor is an egg or sperm donor whose identity is known to the intended parent or parents.
The donor may be a friend, relative, or someone introduced to the intended parents for the purpose of donation.
A known donor agreement can clarify important questions before treatment begins, including:
- if the donor intends to be a parent;
- the intended parents’ parental rights and responsibilities;
- how the parties expect to communicate;
- whether the donor may have contact with the future child;
- how medical and genetic information will be shared;
- how eligible donation-related expenses will be handled; and
- what will happen to unused sperm, eggs, or embryos.
These conversations can feel highly personal. Addressing them carefully before conception gives everyone an opportunity to confirm that their expectations align.
What Is an Anonymous or Identity-Release Donor?
An anonymous donor is a donor whose identifying information is not disclosed to the recipient at the time of treatment, subject to the applicable program, records, and evolving legal and ethical considerations.
An identity-release donor is generally a donor who has agreed that identifying information may be made available to a donor-conceived person after they reach a specified age.
These terms describe how donor information is managed. They do not, on their own, determine legal parentage.
What Is Embryo Donation?
Embryo donation occurs when an embryo originally created for one person or couple’s reproductive use is donated for another person or couple to use in attempting a pregnancy.
An embryo donation agreement can address:
- the donors’ consent to the recipients’ use of the embryos;
- the parties’ intentions regarding legal parentage;
- clinic and storage requirements;
- future communication and information sharing;
- whether and how resulting children may have contact;
- decisions concerning the number and use of embryos; and
- what will happen if circumstances change before transfer.
Embryo donation can involve medical consent requirements, federal law, provincial parentage law, and clinic-specific policies. Legal advice should be obtained before the embryos are transferred.
What Is a Donor-Conceived Child?
A donor-conceived child is a child conceived using donated eggs, sperm, or embryos.
The term describes how the child was conceived. It does not mean the donor is one of the child’s legal parents.
Surrogacy & Family Building Terms
Surrogacy introduces another set of terms relating to the person carrying the pregnancy and the people who plan to parent the child.
Who are Intended Parents?
Intended parents are the person or people who intend to become the legal parents of a child conceived through assisted reproduction.
An intended parent may or may not have a genetic connection to the child. Intended parents may be:
- married or unmarried couples;
- different-sex or same-sex couples;
- single intended parents;
- Canadian residents; or
- international intended parents pursuing family building in Canada.
The defining feature is the intention to parent – not necessarily genetics, pregnancy, or marital status.
What Is a Gestational Surrogate?
A gestational surrogate carries a pregnancy for intended parents but does not provide the egg used to create the embryo. They therefore have no genetic connection to the child.
The embryo may have been created using reproductive material from:
- both intended parents;
- one intended parent and one donor;
- two donors; or
- embryo donors.
Gestational surrogacy is different from traditional surrogacy, in which the surrogate’s own egg is used. Traditional surrogacy is legal in Canada and is less common than gestational surrogacy.
What Is Altruistic Surrogacy?
Altruistic surrogacy is the only form of surrogacy permitted in Canada.
A surrogate cannot be paid for acting as a surrogate. However, qualifying out-of-pocket expenditures arising from the surrogacy may be reimbursed when the requirements of Canadian law are satisfied.
This distinction is important:
- Payment compensates someone for being a surrogate and is prohibited.
- Reimbursement repays an eligible expenditure the surrogate incurred because of the surrogacy.
Documentation and careful expense tracking are important parts of a legally compliant Canadian surrogacy journey.
What Is a Surrogacy Agreement?
A surrogacy agreement is a written agreement completed before conception. It records the surrogate’s and intended parents’ intentions, expectations, rights, and responsibilities.
Among other matters, it may address:
- the parties’ intention regarding legal parentage;
- medical decision-making and bodily autonomy;
- communication during the pregnancy;
- reimbursement of eligible expenditures;
- insurance and life insurance;
- confidentiality and social media;
- expectations surrounding the birth;
- future contact; and
- the legal steps required after the child is born.
Each party should receive independent legal advice before signing. The fertility clinic will generally require legal clearance before proceeding with an embryo transfer.
Fertility Law & Legal Parentage Terms
Medical treatment may create a pregnancy, but legal planning helps establish everyone’s intentions and protects the people involved.
What Is the Assisted Human Reproduction Act?
The Assisted Human Reproduction Act, often called the AHRA, is the federal law regulating assisted reproduction in Canada.
Among other things, the AHRA addresses consent and prohibits:
- paying a person to act as a surrogate;
- purchasing sperm or ova from a donor; and
- purchasing or selling an in vitro embryo.
Canadian law does permit reimbursement of certain qualifying expenditures associated with surrogacy and donation, provided the applicable requirements are met.
Federal law operates alongside provincial and territorial laws governing issues such as legal parentage and birth registration. This is why the applicable legal process may differ depending on where the child is born.
What Is a Donor Agreement?
A donor agreement is a legal agreement between a donor and the intended parent or parents.
It confirms that the donor is providing sperm, eggs, or embryos for assisted reproduction and records the parties’ intentions concerning consent, use of the donated material, reimbursement, confidentiality, future communication, and parental status.
A donor agreement is particularly important when the donor is known to the intended parents.
Create your donor agreement through our secure online platform and get the legal guidance you need faster. Get started with Plaid.
What Is Independent Legal Advice?
Independent legal advice, or ILA, means advice from a lawyer who represents only one party to an arrangement.
For example, the intended parents may retain one lawyer to prepare a surrogacy agreement, while the surrogate retains a different lawyer to review it with her. The donor in a known donation arrangement may similarly receive advice from separate counsel.
Independent representation helps ensure that each person understands the agreement and can make decisions freely and with informed consent.
What Is Legal Clearance?
A legal clearance letter confirms to the fertility clinic that the required legal agreement has been completed and the parties have received the necessary legal advice.
Legal clearance does not mean that a lawyer has approved the medical treatment. It means the legal prerequisites identified by the clinic and counsel have been satisfied so the clinic can move forward.
What Is Legal Parentage?
Legal parentage is the legal recognition of who a child’s parents are.
Legal parents have the rights and responsibilities associated with parenthood. Genetics, pregnancy, and intention can all be relevant, but they do not always produce the same answer.
In donor conception, the person who provides sperm or eggs may not be a legal parent. In surrogacy, the person who gives birth does not intend to parent the child. Provincial or territorial law determines what documents and procedures are required to recognize the intended parents.
Depending on the circumstances and place of birth, the process may involve:
- written consents;
- statutory declarations;
- birth registration documents;
- an administrative parentage process; or
- a court order declaring parentage.
The pre-conception agreement and post-birth parentage process perform different functions. Signing a donor or surrogacy agreement does not necessarily eliminate the need to complete legal steps after birth.
Why Fertility Terminology Matters
Understanding fertility terminology does more than make clinic appointments easier to follow.
The words used in a family-building arrangement can identify:
- who is receiving medical treatment;
- who is contributing reproductive material;
- who will carry the pregnancy;
- who intends to parent the child;
- which agreements are required;
- when legal clearance must be issued; and
- what must happen after birth to establish legal parentage.
Clear terminology helps fertility clinics, counsellors, lawyers, donors, surrogates, and intended parents work from the same understanding.
Create Your Agreement Online
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Explore our Fertility Law Glossary for more terms and definition.
Frequently Asked Questions About Fertility
What is the main difference between IUI and IVF?
With IUI, sperm is placed in the uterus and fertilization is expected to occur inside the body. With IVF, eggs are collected and fertilized in a laboratory before an embryo is transferred to a uterus.
Is an egg donor or sperm donor a legal parent?
Not necessarily. Legal parentage depends on the applicable provincial or territorial law, the circumstances of conception and the steps taken by the parties. A donor agreement records the parties’ intentions and provides important legal protection.
Is a gestational surrogate genetically related to the child?
No. A gestational surrogate carries an embryo created using an egg from an intended parent or donor. A traditional surrogate uses her own egg, but traditional surrogacy is uncommon and legally more complex.
Is surrogacy legal in Canada?
Yes, altruistic surrogacy is legal in Canada. Paying a surrogate for acting as a surrogate is prohibited, but certain qualifying expenditures may be reimbursed in accordance with Canadian law.
Does a fertility clinic’s consent form replace a fertility agreement?
No. Clinic consent forms address medical treatment and the clinic’s requirements. A donor or surrogacy agreement addresses the intentions, rights, responsibilities, and legal relationship among the parties.
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Every fertility arrangement deserves a clear legal foundation.
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When should a fertility lawyer become involved?
Ideally, legal counsel should become involved in the planning stage, as intended parents, donors, and surrogates are deciding whether to move forward together. Starting early gives everyone time to receive proper advice and reduces the risk of treatment delays and unintended legal outcomes.
Clear Language. Confident Decisions.
You do not need to become an expert in every fertility term before beginning treatment. You should, however, understand the words that affect your medical decisions, legal rights and future family.
Flowerday Fertility Law helps intended parents, donors, and surrogates navigate Canadian fertility law in clear, practical language. We prepare and review egg donation, sperm donation, and embryo donation agreements, and surrogacy agreements, issue legal clearance letters where appropriate, and assist families with legal parentage after birth.
Explore our complete Fertility Law Glossary whenever you need a definition or contact Flowerday Fertility Law to discuss the legal steps in your family-building journey.
This article provides general information only and does not constitute legal advice. Fertility and parentage laws vary by jurisdiction and individual circumstances.