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.