Category Archives: Fertility law basics

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 […]

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 […]

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 […]

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 […]

Baby Steps: BC’s Family Law Act Clarifies Status of Sperm Donors, Egg Donors, Surrogate Mothers; Says Child Can Have More than Two Parents

Finally, since March 2013, the law offers certainty to queers who want to become parents. For prospective queer parents, a donation of sperm or eggs is a necessity. Gay dads, couples with a trans parent, or infertile lesbians also need a surrogate (a woman who will carry the child). Sperm donors can be either known […]