We’ve launched Plaid Fertility Law! Tech-powered fertility agreements, made in Canada.
We’ve launched Plaid Fertility Law! Tech-powered fertility agreements, made in Canada.
Need more information? Here are some helpful resources on third-party assisted reproduction and fertility for Intended Parents, Surrogates, and Donors.
With over 20 years of experience in the fertility industry, the team at Flowerday Fertility Law has fine-tuned a simple yet effective formula for success: responsiveness, efficiency, attention to detail, and personalized care. We’ve perfected this approach to consistently exceed expectations, helping clients navigate their legal journeys with full support and without unnecessary delays. Our team is dedicated to offering compassionate, professional, efficient legal services tailored to each client’s unique needs.
Our firm’s success is built on the deep and loyal connections we’ve cultivated with leading fertility clinics, surrogacy agencies, donor agencies, fertility counselors, and other professionals in the industry. These trusted relationships enable us to offer seamless coordination, steady communication, and efficient collaboration with your entire family-building team. Whether you’re navigating surrogacy, or ova, sperm, or embryo donation, our reputation for leadership, integrity, and professionalism will enhance and support your parenthood project.
In five impactful ways: (1) Plaid Fertility Law Web Application: We developed Plaid Fertility Law, a web application that simplifies the creation of fertility agreements (surrogacy, ova, sperm, and embryo donation). This tool streamlines the process, ensuring legal protection while reducing time and administrative burden; (2) Board Member at Fertility Friends Foundation: As a board member of the Fertility Friends Foundation, Ms. Flowerday helps fundraise and support individuals and families facing financial barriers to fertility treatment, making treatments more accessible to those in need; (3) Volunteering on Ethics Committees: Ms. Flowerday volunteers on ethics committees addressing key issues in assisted reproduction. Her work ensures ethical standards are maintained and the rights of all parties – Intended Parents, Surrogates, and Donors – are respected; (4) Educational Presentations and Webinars: Ms. Flowerday hosts webinars and in-person presentations to educate the public and professionals on third-party reproduction. These sessions cover legal, ethical, and practical aspects, offering valuable information for those navigating fertility law; and (5) Advocacy at Federal and Provincial Levels: Ms. Flowerday advocates for the fertility community at the federal and provincial levels, working to influence policy changes that improve access to treatments and protect the rights of all parties involved in assisted reproduction. Through these efforts, Flowerday Fertility Law is committed to improving resources, supporting ethical practices, and advancing the fertility community.
At Flowerday Fertility Law, we believe in transparent pricing and financially accessible services. Our fertility law services are billed on a flat fee basis and we offer flexible payment options whenever needed. Your fertility law costs should be clear, predictable, and fair. Contact us for a consultation and we’ll share our flat fee schedule, or visit the Products page at Plaid Fertility Law for the purchase price of our fertility agreements.
Yes, as a non-resident of Canada, you can pursue third-party reproduction—such as surrogacy or ova and sperm donation—within Canada. Flowerday Fertility Law proudly supports international Intended Parents with experienced, dependable legal guidance tailored to your unique circumstances. We regularly work with clients from around the world and are well-versed in the legal and logistical considerations that come with cross-border fertility arrangements. We’re also happy to collaborate with legal counsel in your home country to ensure your rights and responsibilities are clearly protected both in Canada and abroad. From drafting and reviewing legal agreements to ensuring compliance with Canadian law and assisting with parentage and travel documents after birth, we’ll be with you every step of the way. If you’re considering building your family in Canada, we’d be honoured to support you. Contact Flowerday Fertility Law to get started with trusted, compassionate legal care.
With my extensive experience in the field of Canadian surrogacy and third-party reproduction, I will provide invaluable insight into fertility clinics, surrogacy and donor agencies, and the nuanced interplay between the two. During my almost two decades of work in fertility law, I have gained insider information that may be useful when assembling your family-building team. These dynamics matter and I’d be happy to share what I know with you.
Getting started is easy! Simply complete the Contact Us form to set up a consultation. You’ll receive a link to our calendar to schedule a no-charge phone or video meeting. During this meeting, we’ll learn more about your unique family-building project, gather the necessary information, and welcome you as one of our cherished clients.
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.
Surrogacy is an incredible family-building option where a person carries and delivers a child for another person or couple who cannot do so themselves. There are two types: gestational surrogacy, where the Surrogate carries an embryo created from the Intended Parents’ or Donors’ genetic material, and traditional surrogacy, where the Surrogate is genetically related to the child. In Canada, surrogacy is legal and carefully regulated at both the federal and provincial levels to ensure that the arrangement is safe and fair for all involved. Altruistic surrogacy, where a Surrogate is reimbursed for out-of-pocket costs, is allowed, while commercial surrogacy, where a Surrogate is paid or compensated beyond that, is prohibited. With the right safeguards in place, surrogacy can be a truly transformative experience for both Surrogates and Intended Parents alike. Our firm would be honoured to guide you through this journey with expert legal support and personalized care.
For Intended Parents: To ensure your surrogacy arrangement is safe, start by building a strong, trusting relationship with your Surrogate, grounded in clear and honest communication about your needs and expectations. Your Surrogate will undergo medical screening at the fertility clinic to confirm she is in good physical health and will participate in counselling to ensure she is emotionally prepared for the journey. Equally important, a surrogacy agreement, created with the guidance of fertility lawyers, will ensure that all parties’ rights and responsibilities are clearly outlined and protected.
For Surrogates: It’s important to feel comfortable and supported by the Intended Parents. Building a strong relationship through open communication will help ensure you have a safe, healthy, and positive pregnancy experience. You’ll attend medical screenings at the fertility clinic to confirm your ability to carry and deliver a child, and you’ll participate in counselling to ensure you’ve thoughtfully considered the emotional implications of carrying a child for someone else. You’ll also have access to ongoing counselling support throughout the pregnancy and after the birth. Finally, you’ll work with your own fertility lawyer (with the Intended Parents covering the cost) to ensure that your surrogacy agreement fully addresses your unique circumstances and accurately captures the terms you’ve agreed upon.
At Flowerday Fertility Law, we understand the importance of these safeguards and will ensure they are in place to protect both Surrogates and Intended Parents alike, setting up the parties for the most rewarding journey.
A surrogacy agreement is a legally binding contract that outlines the rights, responsibilities, and expectations of both the Intended Parents and the Surrogate. It typically addresses key elements such as the plan for conception, prenatal and postnatal obligations, financial arrangements, medical decision-making, confidentiality, and sensitive topics like pregnancy termination. Both the Intended Parents and the Surrogate will make informed, fair decisions, each supported by their own fertility lawyers.
At Flowerday Fertility Law, we understand the complexities of surrogacy and the importance of navigating the process efficiently to avoid delays in conception. Our innovative web application, Plaid Fertility Law, streamlines the surrogacy agreement stage by automating tasks such as creating, collaborating on, signing, and sending legal clearance to the fertility clinic, along with other thoughtful features. Both Intended Parents and Surrogates will benefit from Plaid Fertility Law — feeling relieved that the legal bottleneck has been eliminated.
In Canada, reimbursing a Surrogate for her expenses is legal under the Assisted Human Reproduction Act (AHRA), as long as the reimbursement covers out-of-pocket costs directly related to the surrogacy. The AHRA prohibits any form of commercial surrogacy, meaning Surrogates cannot be paid or compensated beyond these expenses. The regulations under the AHRA specify that Surrogates can be reimbursed for a range of costs, including lost income, childcare, household help, wellness expenses, medical costs, travel, and legal fees. These reimbursements ensure that the Surrogate is not financially burdened and is well-supported throughout the surrogacy process, while preventing any profit or financial gain. This legal framework is designed to protect both Surrogates and Intended Parents, ensuring that surrogacy arrangements are ethical and fair for everyone involved—an approach we prioritize at Flowerday Fertility Law.
Your fertility lawyer will expertly manage and navigate the three legal steps in your surrogacy journey. First, they will assist you in establishing all necessary contracts, including the surrogacy agreement and any donor agreements for ova, sperm, or embryos. Second, during the pregnancy, your fertility lawyer will send a notice of surrogacy to the intended birthplace and healthcare providers, ensuring that the Intended Parents will be recognized as the medical decision-makers and can attend the birth, among other essential details. Finally, your fertility lawyer will guide you through the legal parentage process, working to rebut the presumption of parentage by the Surrogate and ensuring that the Intended Parents’ names are placed on the child’s birth certificate, officially confirming their legal parentage. We’d be delighted to support you through every step of this process!
When an individual or couple is unable to provide the ova needed to create embryos, ova donation can be a wonderful solution. It is legal and carefully regulated under the Assisted Human Reproduction Act (AHRA) to ensure ethical practices and the safety of all parties involved. While Donors cannot be paid or compensated, they may be reimbursed for reasonable out-of-pocket expenses. With legal safeguards in place, such as an ova donation agreement, the system ensures that donations are made voluntarily, with full consent, and in a manner that protects the well-being of all involved, including the children born from this generous act.
Intended Parents and Donors can connect in various ways. Donors may be personally known to the Intended Parents, such as a close friend or family member, or they may be previously unknown, connected through a fertility clinic or an agency. If you’re seeking a Donor from outside of your social circle, Flowerday Fertility Law is well-connected with reputable Donor agencies and can make introductions to get you started. Just reach out to us!
In Canada, Intended Parents and Donors have the option to decide whether they wish to be identified to each other. While most egg donation arrangements in Canada involve the exchange of names and contact information between the parties, this is not always the case. The decision is typically made with the guidance of fertility counselling, keeping the child’s future well-being in mind. This approach ensures that, should the child wish, they can access information about their genetic history and lineage.
Yes, a sperm donation agreement is necessary when the Intended Parents and Donor are known to each other, such as family, friends, or acquaintances. The agreement, which must be signed before conception, outlines the parties’ rights and responsibilities, addressing important considerations like parentage, birth registration, confidentiality, information exchange, and any future contact. To ensure the sperm donation agreement is legally valid, it is essential that all parties receive independent legal advice.
At Flowerday Fertility Law, we understand the importance of a clear and legally sound sperm donation agreement to prevent future legal challenges. Our innovative web application, Plaid Fertility Law, simplifies the process by automating the creation, collaboration, and execution of the agreement, and by instantly providing legal clearance to the fertility clinic when needed. Whether you’re an Intended Parent or a Donor, Plaid Fertility Law helps eliminate legal bottlenecks, ensuring a smoother, more efficient experience for everyone involved.
Embryo donation is the process in which embryos created through in vitro fertilization (IVF) are donated by one couple or individual to another, offering a hopeful option for those needing third-party reproduction to grow their family. In this legal arrangement, Donors waive their property and parental rights, allowing the Intended parents to use the embryos to become parents. It is essential for all parties to establish an embryo donation agreement prior to the embryo transfer and pregnancy, and we’d be happy to assist!
It’s important to note that when a donated embryo is carried by a Surrogate, special attention is required, as laws governing legal parentage through surrogacy are regulated at the provincial level and some jurisdictions require a genetic connection between the child and at least one Intended Parent. To avoid potential complications and ensure the legal parents are correctly reflected on the child’s birth registration documents, it’s crucial to consult with a fertility lawyer before proceeding with this wonderful family-building option.
No, in Canada, ova, sperm, and embryo Donors cannot be compensated (paid) for their donations. Under the Assisted Human Reproduction Act (AHRA), it is illegal to pay Donors beyond reimbursing them for receipted expenses directly related to the donation process. While reimbursements are permitted, they must comply with specific regulations and documentation requirements. The knowledgeable staff at Flowerday Fertility Law can answer any of your questions about what qualifies as a legitimate reimbursement under the AHRA and how the reimbursement must be made.
Legal parentage is the formal recognition of a child’s parent(s), as reflected on the child’s birth certificate and/or confirmed by a court order. It establishes who has the legal rights and responsibilities for the child, including custody, decision-making, inheritance, and citizenship. In fertility law, securing legal parentage for the individuals who intend to be the child’s parents—and rebutting any presumptions in favour of those who do not – is essential. At Flowerday Fertility Law, guiding clients through this process is a central and deeply rewarding part of our work.
The process for establishing legal parentage in a surrogacy arrangement depends on the laws of the province where the child is born. In many provinces, Intended Parents must apply to the court for a Declaration of Parentage after birth. This confirms their legal parentage and removes any legal connection between the Surrogate and the child. In some provinces – such as Ontario – an administrative process is available, allowing Intended Parents to apply directly to the Registrar General without going to court. This option is only available in specific circumstances and has its own set of criteria, benefits, and limitations. At Flowerday Fertility Law, we help Intended Parents understand which routes are available and guide them through the process that best fits their situation and legal needs.
No, the Surrogate’s name will not appear on the child’s final birth certificate. In Ontario, the legal process to establish parentage is completed before birth registration, so the Intended Parents’ names appear on the birth certificate from the outset. In other provinces, the process may differ. The Surrogate may be temporarily listed on the initial birth registration, especially in jurisdictions where she is presumed to be a parent at birth. Once legal parentage is established – whether through a court order or an administrative process – a new birth certificate is issued naming the Intended Parents as the child’s legal parents. At Flowerday Fertility Law, we’ll guide you through this process from start to finish, ensuring the correct names appear on your child’s birth certificate and that you have the proper documentation for parenting, travel, and citizenship purposes.
No, both Intended Parents do not need to be genetically related to the child to be recognized as legal parents. In fact, genetic connection is not always a requirement for legal parentage in Canada—it depends on the province and who is giving birth. If one of the Intended Parents is giving birth, the presumption of parentage applies, and genetic connection is not required. However, if a Surrogate is giving birth, that presumption must be rebutted, and some provinces require at least one Intended Parent to have a genetic link to the child. Ontario does not require either parent to be genetically related in a surrogacy arrangement, allowing for broader inclusion of Intended Parents. It’s essential to understand the legal parentage rules—including those related to genetics—in the province where the child will be born. Flowerday Fertility Law will help you navigate these requirements with clarity and care.
It’s best to begin planning for the legal parentage process as early as possible—ideally well before the baby is born. Early preparation helps avoid delays in confirming your legal status as parents and ensures that everyone involved understands their roles and responsibilities from the outset. At Flowerday Fertility Law, we begin laying the legal groundwork in advance so you’re fully prepared when the time comes. In Ontario, we typically send a letter to the hospital and relevant health care providers around 24 weeks’ gestation. Among other things, this letter confirms that the Intended Parents are to be recognized as the child’s medical decision-makers, helping to ensure a respectful and well-coordinated birth experience.
Thoughtful early planning not only protects your legal rights—it also contributes to a smooth, positive, and rewarding experience for the Intended Parents and the Surrogate, while helping to ensure a safe and supported arrival for the child.
The legal parentage process typically takes 2 to 4 weeks, but the exact timeline can vary depending on the province of birth and whether the judicial or administrative route is followed. In provinces where a court application (judicial route) is required, the process may take a bit longer due to court availability and local procedures. In jurisdictions like Ontario, where an administrative process is available, the timeline is often shorter – provided all criteria are met and the necessary documents are in place. At Flowerday Fertility Law, we work proactively to prepare for your post-birth legal parentage process well in advance, so everything is ready when the time comes. Our goal is to ensure the process moves as smoothly and efficiently as possible – so you can focus on what matters most: parenting your new baby.
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