INTENDED PARENT FAQ's
Fertility law in Canada is complex and evolving. Our parentage laws vary from province to province and our current assisted human reproduction laws are unclear and undefined in some areas. A legitimate legal service will provide you with the experience, knowledge, understanding and perspective needed to help you navigate the convoluted and changing legal landscape. It’s our job to ensure that each intended parent, surrogate mother or egg, sperm or embryo donor is informed, comfortable and protected before any medical procedures take place.
Law services will offer the following services in the areas of fertility law:
⦁ Surrogacy Agreements
⦁ Egg Donation Agreements
⦁ Sperm Donation Agreements
⦁ Embryo Donation Agreements
⦁ Custody Agreements
⦁ Co-Parentage Agreements
⦁ Pre-Conception Parentage Agreements
⦁ Declarations of Parentage
⦁ Surrogacy Birth Registration Assistance
⦁ Independent Legal Advice to Surrogate Mothers and Egg, Sperm and Embryo Donors
Today’s modern family takes on many forms including step-parents, children from past relationships, and couples who are no longer together. A lawyer will help ensure that the legal aspects are covered with the building or separating of a blended family. We treat every family law matter with sensitivity to help ensure the best legal outcome.
Intended parents can be:
⦁ Same Sex Couple
⦁ Traditional Couple
⦁ Single Man
⦁ Single Woman
No, we work with a two part fee structure. Please contact us for more information.
Surrogacy is when a woman agrees to carry a pregnancy for another person or couple. There are two types of surrogacy:
This is where the surrogate has a biological connection to the child(ren) not only is she carrying for someone else she is also using her own egg to do so.
This type of surrogacy is the most common. The surrogate has no biological connection to the child(ren) she carries. Eggs and Sperm are from the intended parents, donor or combination of both.
Surrogates cannot be paid in Canada. However, they can be reimbursed for their expenses related to the surrogacy. OSO will provide spreadsheets to the surrogate and information on how to keep track of the expenses to ensure the process runs smoothly.
The amount of communication you have with your surrogate depends on the comfort levels of all parties. Communication level prior to pregnancy, during pregnancy and after pregnancy should be discussed prior to entering a Surrogacy Agreement with each other.
When you complete your Surrogacy Agreement, you will have agreed with your surrogate the number of attempts. In the event of a miscarriage it will depend on how the surrogate heals and the recommendation of the attending physician on when it is safe to try again.
Your initial contact with a surrogate can be done via phone, skype or email unless you choose to meet her in person first. Contracts also can be done via the same methods. You will however need to travel to Canada for a clinical appointment as well as delivery of your child(ren). Although some IP’s choose to visit during the pregnancy.
The average stay in Ontario is 6-8 weeks after the birth, this allows enough time for all of your documentation to be completed and the baby’s passport to be issued. Other provinces vary it depends on where your surrogate in located.
Definitely, we work with exceptional lawyers across Canada who will assist you with your Surrogacy Agreement so that it clearly abides by Canada’s legislation. All lawyers we recommend will be able to provide assistance post birth as well.
The surrogate will choose where she will deliver. Typically it is with her previous OB/GYN or Midwife at her local hospital or at home. These issues will be discussed and set out in your Surrogacy Agreement
No, we work with most clinics across Canada. If you already have a clinic that is great. If not we can recommend clinics to you that have the best outcome.