Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

How Many Lawyers Does It Take?

How Many Lawyers Does It Take?

Mann Lawyers

Posted December 20, 2017

Section 10 of the Children’s Law Reform Act specifically requires that any surrogate and intended parent or parents each need to receive independent legal advice prior to entering into a surrogacy agreement.

“Independent legal advice” means that if the lawyer for the intended parents drafts a surrogacy agreement and an egg donor agreement, both the surrogate and the egg donor each need to go see a separate lawyer from a different firm for advice on the contract before signing it.

For example, where the intended parents are two gay men, they may be represented by one lawyer who will prepare an egg donor agreement and a surrogacy agreement, and the egg donor and surrogate will each need to consult separate lawyers about those draft contracts before they are finalized.

The time required can be frustrating. But given the important nature of the issues to be discussed, and the fact that the legislation requires it, it is time well spent.

Consulting with a lawyer should give everyone involved in a surrogacy or donation agreement time to consider the risks of what he or she is proposing to do, and the implications: legally, financially, and from a more personal perspective.

Lawyers who work on fertility matters will try to ensure that intended parents can meet their timing goals. Clients need to be aware that the legal process often takes a couple of months. Both the legislation and fertility clinics require that the legal agreements be completed before any embryos are transferred.

If you are considering expanding your family through surrogacy, becoming a surrogate, or becoming a sperm or egg donor, you need to ensure you have a lawyer familiar with the area of fertility law on your side.

This blog post was written by Jenny Johnston, a member of our Family Law team.  She can be reached at 613-566-2081 or at jenny.johnston@mannlawyers.com.

 

More Resources

Blog |
Business Law, Wills, Trusts and Estates

By: 

Posted June 28, 2022

As entrepreneurs, we tend to be optimistic people – that is what I have found, for the most part, and what seems to be part[...]
Blog |
Business Law

By: 

Posted June 20, 2022

The Federal Government of Canada recently launched the Canada Digital Adoption Program (“CDAP”) run by Innovation, Science and Economic Development Canada (“ISED”). It is a[...]
Blog |
Estate Litigation

By: 

Posted June 13, 2022

Trust companies are often faced with a dilemma when the fees associated with the administration of a testamentary trust exceed the income generated by it. [...]
Blog |
Environmental Law

By: 

Posted June 6, 2022

On May 10, 2022, the Alberta Court of Appeal released its opinion in Reference re Impact Assessment Act (the “Act”), 2022 ABCA 165, on the[...]
Blog |
Personal Injury

By: 

Posted May 30, 2022

As the warm weather of summer approaches, the number of cyclists enjoying Ottawa’s shared path system is increasing day by day. I have noticed that[...]
Blog |
Family Law

By: 

Posted May 25, 2022

Cohabitation agreements and marriage contracts (or “prenups”) are common contracts for couples to enter into prior to moving in together or getting married. Reasons for[...]

Subscribe to Our Newsletter

Name*
Consent*
This field is for validation purposes and should be left unchanged.