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10 questions you should ask your fertility lawyer

You’ve decided that you need to hire a fertility lawyer for your assisted human reproduction case. Great. But now what? How do you decide which lawyer to pick and what do you ask them when you meet them? Having been at the receiving end of many of the questions, I’ve put together a list for you that will help you decide which fertility lawyer is best for you.

1. How long have you been specializing in fertility and reproduction? The more experience your fertility lawyer has in their specialized field, the better equipped they will be to handle your case.

2. How many fertility law cases do you represent in a year? It’s important that your fertility lawyer handles multiple cases during a year. For one thing, it shows that their practice is doing well, for another it shows that the lawyer is up to date on legislation surrounding reproductive technologies.

3. How much of your practice is dedicated to fertility law? If the lawyer is a family lawyer and also provides fertility law services, they are well equipped to handle family matters in general. However if the lawyer only handles one or two cases every now and then, they will lack in experience compared to fertility lawyers who dedicate larger chunks of their practice to this type of law.

4. In which province are you licensed to practice law? Every province has their own laws surrounding fertility law. You should look for a lawyer who is licensed in your province or the birthplace of the child-to-be. Also, where you and the donor/surrogate live will also factor into the decision of whom you hire.

5. Will you be able to help me find a gestational surrogate, egg donor, or sperm donor? What about an agency to assist with embryo donation? It is always good to ask your fertility lawyer this, especially if you are not sure where to start. They may be able to point you in the right direction.

6. Do you have any personal experience with third party reproduction? This may not be a big reason to hire or not hire a lawyer, but fertility is a sensitive topic. It is always better to hire someone who has personal experience in the matter and can empathize with your situation and be sensitive to your needs.

7. What is the average cost of the cases you handle? Consider your budget and hire a lawyer that is experienced, well-respected and will get what you need done without breaking the bank.

8. Do you charge by hour? Or charge a flat rate? Most lawyers charge by the hour, but some don’t. It is up to you to decide what you’re comfortable with.

9. What will be covered in the contract you draw up? Go over the requirements in detail, ask questions and get clarity on what needs to be done, why and how everyone’s rights are being protected.

10. Do you negotiate ongoing or future contracts with the carrier? Establish what will happen going forward. What negotiations are involved, who will carry them out and with whom.

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