Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Traditional and Gestational Surrogacy

Traditional and Gestational Surrogacy

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: 

Posted October 4, 2022

In a previous blog we talked about how to access the Canadian market from a legal perspective. If incorporation is the right move, the next[...]
Blog |
Estate Litigation

By: 

Posted September 20, 2022

Disputes over a will after a testator has died can result in costly and time-consuming litigation.  Testators may anticipate this conflict and try to avoid[...]
Blog |
Business Law

By: 

Posted September 6, 2022

Canada is a lush, beautiful country, and nature abounds. Canada is also a vibrant economic market and foreign companies looking to do business in Canada[...]
Blog |
Real Estate

By: 

Posted August 30, 2022

There has been much discussion on the changes in the real estate market, particularly on affordability. To save costs, many prospective buyers and sellers may[...]
Blog |
Practice Management

By: 

Posted August 23, 2022

In an earlier blog post, I discussed some practice development tips for newer lawyers.  This post continues that conversation. Not Work Life Balance – Integration[...]
Blog |
Practice Management

By: 

Posted August 15, 2022

Most seniors have an opinion on what new or newer lawyers should be considering concerning practice development.  Me too.  I don’t think there is a[...]

Subscribe to Our Newsletter

"*" indicates required fields

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