What surrogates and parents can talk through before the lawyer visit

Most intended parents and surrogates talk through a lot of issues before they make the decision to embark on the surrogacy process together, and long before either goes to a lawyer about drawing up the Surrogacy Agreement. In some ways, a Surrogacy Agreement is a communication tool. Putting everyone’s intentions in black and white, in […]

Rules in the works for surrogacy and donor expenses

Last month, the federal government announced  it’s bringing in regulations setting out what expenses surrogate mothers (and  individuals who donate eggs or sperm) can be reimbursed for. This is big news.  Since the Assisted Human Reproduction Act came on the scene over 10 years ago Canadians using surrogacy to build their families have struggled to […]

Can a spouse use stored sperm, eggs or embryos after their partner dies?

By Monique Shebbeare Many couples assume that if they have stored sperm, ova (eggs) or embryos at a fertility clinic, if one of them died, the other could automatically use those to conceive a child. Is that true? No – Canada’s Assisted Human Reproduction Act, and the Assisted Human Reproduction (Section 8 Consent) Regulations have […]

ART in the Commonwealth: BC is leading the way

On October 21, 2016, I was honored to speak at the American Bar Association’s 2016 Fall Family Law Section CLE Conference on an international panel “The Commonwealth of ART”. The panel explored the similarities and differences between the Commonwealth countries of Canada, Australia and the United Kingdom as they approach difficult issues related to law […]

Gay dads want egg donation and surrogacy laws to change

Craig Parkes and Matthew Hinton wanted to have a child. First they tried to do so with the help of a gestational carrier (surrogate mother) in India – but in the middle of the process India outlawed surrogacy for gay couples. They were finally able to have a baby with the help of the sister […]

Family Day – The More Parents the Merrier, in BC

You may remember the story in the news about the first three-parent family in B.C. The three parents – two lesbians and the man who donated sperm for the conception of their child – agreed that all three of them would be parents. So the child’s birth certificate records three legal parents. How does that […]

Fertility Clinic Agreements Upheld: Frozen Embryos Destroyed Upon Divorce of Couple

On November 18, 2015 the decision of Findley v. Lee, a case before the San Francisco Superior Court, was released. The California decision highlights the significant importance of parties being fully aware, informed and understanding the nature and consequences of the “consents” before a party signs any agreements and/or consents required by fertility clinics. In […]