Assisted Human Reproduction
FERTILITY IN CANADA
Fertility trends in Canada have changed profoundly over the past four decades. This has had a profound impact on Canadian families. Total fertility rates have been declining. As a result of these trends, couples are increasingly turning to assisted reproductive technologies to assist them in achieving pregnancy.
Assisted reproductive technologies are basically any medical intervention for purpose of achieving a birth, including a method of causing a pregnancy through a means other than sexual intercourse. The result of these technologies is that now the birth of a child may include multiple participants: the intended parents, the birth parent, the genetic mother and the genetic father.
The advent of these technologies has been of great assistance to families facing infertility issues, single parents and gay/lesbian couples.
While the procedures have been available since approximately 1950, law reform in the area has been slow. The area was unregulated in Canada until 2004. Unlike the U.S. which has a relatively cohesive body of case law, Canada has few cases dealing with ART legal issues.
Surrogacy and Gestational Carriage Agreements
Egg donation, sperm donation and surrogacy is completely legal in Canada, although there are prohibitions on payment and what expenses can be paid is to be regulated. Paying consideration to a surrogate mother or paying another person to arrange for the services of a surrogate is now prohibited. Purchases of gametes (sperm or ova) or embryos is also prohibited.
It is important to have a donor contract or surrogacy agreement to set out all the rights and responsibilities of the parties.
All of the terms of these contracts may not be enforceable but they are important to clarify everyone’s expectations and to be evidence of intention in the event of a later disagreement.
The Kelly D. Jordan Family Law firm can assist you in all aspects of contract negotiation and preparation.
We have particular expertise in third party reproduction issues. We regularly assist parents in birth registration, adoption and declarations of parentage after children are born.
We can insure that the intended parents are legally and officially the parents on all birth registration documents.
"Kelly Jordan is highly skilled in her specialized area of reproductive law. Having working in the field of third party reproduction for over 20 years, it is essential to my business that I refer clients to lawyers who are as empathetic as they are qualified. Kelly Jordan and the members of her firm are such people. Her work is a wonderful compliment to the services I provide and the feedback I receive from clients I have referred to her, has always been very positive. Whether a client needs a contract drafted or a legal declaration done, I am always confident services will be provided in a timely manner and with the utmost skill and compassion. I am pleased to work with Jordan Battista and would not hesitate in sending my clients to her." - Joanne Wright, President, Canadian Surrogacy Options
Adoptions & Birth Registration
Rights of Parenthood
When we think of adoption, we often think of the event where a child is adopted by a couple through a Children’s Aid Society or other agency. There are several other circumstances where families seek to have the legal status of their children secured. There are blended families where a new partner wishes to adopt the children born from a former relationship. This process is called an adoption by a relative or stepparent and has its own unique process. It is the only legal manner in which all the rights of parenthood will be expanded to include the adoption applicants.
We are recognized as the experts in Ontario with respect to birth registration involving assisted human reproduction. We can assist you with these registrations.