A Sperm Donor or Dad? Case Comment: M.R.R. v. J.M. 2017 ONSC 2655

This case involved a woman, M.R.R. who wished to become a parent. She had unsuccessfully tried to conceive a child using donor sperm at a fertility clinic. A friend (and former romantic partner), J.M., offered to donate his sperm via sexual intercourse, and let M.R.R. raise the child as her own. He did so, and […]

Is it Legal to Pay a Surrogate?

Surrogacy, gamete donation (egg or sperm donation), and embryo donation are legal in Canada. What is not legal is paying any donor or surrogate other than reimbursing expenses incurred by a donor or surrogate and supported by a receipt. Surrogacy agreements will usually include specific clauses outlining what expenses the parties all reasonably expect might […]

How Many Lawyers Does It Take?

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 […]

Traditional and Gestational Surrogacy

Surrogacy involves a woman carrying a baby for intended parents and giving that child (physically and legally) to the intended parents upon birth. There are two types of surrogacy, both of which are legal: traditional and gestational. Traditional surrogacy involves a surrogate carrying a child for intended parent(s) where the surrogate herself is the child’s […]