Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Traditional and Gestational Surrogacy

Traditional and Gestational Surrogacy

By:

Mann Lawyers

Posted December 11, 2017

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 biological mother. In some situations, a traditional surrogate will be a close friend of the intended parent(s) or a relative of a female intended parent who is not able to produce eggs or carry a pregnancy herself. A traditional surrogate agrees to be inseminated with sperm, typically that of the intended father.

Gestational surrogacy involves a surrogate who agrees to carry the pregnancy, but is not the child’s biological mother. Typically, the embryo the gestational surrogate carries was created with the help of IVF. The embryo may or may not be made up of the reproductive material of one or both intended parents, or a donor may have contributed some reproductive material.

Traditional surrogacy arrangements are legally fraught for a variety of reasons, including the fact that section 10 of the Children’s Law Reform Act, which relates to surrogacy, requires surrogacy arrangements to be the result of assisted reproduction (i.e. not sexual intercourse). Fertility clinics may refuse to assist with traditional surrogacy arrangements, so medically-assisted reproduction may be entirely unavailable.

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
By: 
Can the use of a “thumbs-up” emoji in a text message create legally binding obligations? Last summer’s decision by the Saskatchewan Court of King’s Bench,[...]
Blog |
Real Estate
By: 

Posted June 26, 2024

A 2023 Ontario Superior Court case, Lake v Cambridge (City), 2023 ONSC 5200, confirmed that a purchaser is entitled to complete a transfer relying on[...]
Blog |
Business Law
By: 

Posted June 18, 2024

This is an update on my earlier blog posted in 2022 titled “New Requirements for Private Federal Corporations to Report Individuals with Significant Control Coming[...]
Blog |
Estate Litigation
By: 

Posted June 11, 2024

“For it is in giving that we receive.” –Francis of Assisi Many of us grew up hearing this mantra. Good people give back. Generous people[...]
Blog |
Real Estate
By: 
What is title? “Title” is a legal term for a person or company’s rights of ownership in a private property. This is different from a[...]
Blog |
Wills, Trusts and Estates, Business Law, Real Estate
By: 

Posted May 28, 2024

The recent announcement from the Federal Government regarding an increase in the capital gains inclusion rate for individuals, trusts, and corporations has sparked significant discussion.[...]

Subscribe to Our Newsletter

"*" indicates required fields

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