Michelle Kinney Fertility Law for Family Lawyers

Fertility Law Basics for Family Lawyers: a presentation by Michelle Kinney and Christine Murray

Presented by Michelle Kinney and Christine Murray on June 12, 2024,  this overview covers essential aspects of fertility law relevant to family law agreements, such as separation agreements and cohabitation agreements. In this presentation to the Canadian Bar Association (CBA) Family Law Section, Michelle and Christine explored key legal frameworks and practical considerations for family […]

Fact Sheet Sperm Donation and Surrogacy

FACT SHEET: The Legal Side of Sperm/ Egg /Embryo Donation and Surrogacy

  Have questions about the law in BC and Canada about surrogacy, sperm donation or egg and embryo donation?  See this fact sheet by Michelle Kinney, Victoria based fertility lawyer, of Michelle Kinney Law. This Fact Sheet is for you if you are: Disclaimer: All material contained in the Fact Sheet is for general informational […]

Secret Society Film

The Secret Society: A Feature Film on the Hidden World of Egg Donation in Canada

Website: The Secret Society The Secret Society shines light on a hidden and unacknowledged women’s health crisis. Complicating the already stressful and stigmatized world of infertility, women who are unable to conceive because their eggs are no longer viable are forced to take their medical needs into their own hands only to discover that Canadian law criminalizes payment to […]

Consultation Report on the Assisted Human Reproduction Act

The following excerpt was written and provided by Heath Canada: On July 12, 2017, Health Canada launched a 60-day online consultation, inviting interested stakeholders to provide comments on the Department’s key policy proposals to update and strengthen the Assisted Human Reproduction (AHR) Act. The online consultation provided Canadians with an opportunity to review and submit […]

Before the U-Haul: 10 Family Law Tips for Queers

In honor the Pride season, Christine Murray, family lawyer extraordinaire, and I compiled the top 10 family law “quick tips” for queer couples or families. The family law applies to all marriage-like relationships, regardless of your sexual orientation or gender. Tip #1: Two years living together – what does it mean and why do you care: You […]

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 […]