Surrogacy Lawyer in Whitby & Ontario
Experienced Surrogacy Lawyers in Ontario
Surrogacy is a profound way to build a family, but it involves complex legal considerations that must be addressed before, during, and after the pregnancy. At Barnett Law in Whitby, we provide thorough legal guidance to intended parents and surrogates throughout Ontario, ensuring that everyone’s rights are protected and that the path to parenthood is as smooth as possible.
Whether you are an intended parent exploring surrogacy for the first time or a surrogate who wants to understand your legal rights, our team is here to help you navigate Ontario’s surrogacy laws with confidence.
Surrogacy Legal Services
Complete legal guidance for intended parents and surrogates in Ontario.
1
Surrogacy Agreements
Comprehensive contracts between intended parents and surrogates that comply with Canadian law.
2
Parentage Declarations
Court orders that legally establish you as your child’s parent — essential for birth registration.
3
Navigating Canadian Law
Canada allows altruistic surrogacy only — we ensure your arrangement complies with the Assisted Human Reproduction Act.
Rights of Intended Parents & Surrogates
Understanding the rights of all parties is essential in any surrogacy arrangement.
Intended Parents
- The right to be recognized as the legal parents through a parentage declaration
- The right to make medical and legal decisions for the child once parentage is established
- The right to have the birth registration reflect their names as parents
- The obligation to reimburse the surrogate for reasonable expenses as agreed
Surrogates
- The right to make all decisions regarding their own body and medical care during the pregnancy
- The right to independent legal advice before signing a surrogacy agreement
- The right to reimbursement of reasonable expenses as set out in the agreement
- The right to withdraw consent to the surrogacy before conception (once pregnant, the situation is governed by the agreement and the parentage declaration process)
Egg and Sperm Donor Considerations in Surrogacy
1. Known vs. anonymous donors. If using a known donor
Known vs. anonymous donors. If using a known donor, a donor agreement is essential to clarify that the donor relinquishes parental rights. Anonymous donors through licensed clinics are already subject to clinic consent processes.
2. Donor rights and obligations. Under Ontario law, a
Donor rights and obligations. Under Ontario law, a donor who provides gametes through a written agreement with the intended parents is generally not considered a legal parent. However, without a proper agreement, a known donor could potentially claim parental rights.
3. AHRA compliance. The purchase of donor gametes is
AHRA compliance. The purchase of donor gametes is permitted under the AHRA, but paying a donor beyond reimbursement of reasonable expenses is prohibited. This distinction must be carefully managed.
Frequently Asked Questions
Is surrogacy legal in Ontario?
Yes. Altruistic surrogacy is legal in Ontario and throughout Canada. What is prohibited under the Assisted Human Reproduction Act is paying a surrogate beyond reimbursement of reasonable expenses (commercial surrogacy).
How much can I reimburse a surrogate in Canada?
You may reimburse the surrogate for reasonable expenses directly related to the pregnancy, such as medical costs not covered by provincial health insurance, maternity clothing, travel to medical appointments, and lost wages due to pregnancy-related complications. All reimbursements must be supported by receipts. The specific amounts should be outlined in the surrogacy agreement.
Do I need a lawyer for a surrogacy arrangement?
Absolutely. Surrogacy involves complex legal issues, including contract law, family law, and federal reproductive law. Both the intended parents and the surrogate should have independent legal representation to ensure the agreement is fair and legally sound.
How long does it take to get a parentage declaration?
After the child is born and the surrogate provides consent, the application for a parentage declaration is filed with the Ontario Superior Court of Justice. The process typically takes several weeks to a few months, depending on the court’s schedule.
Can a surrogate change her mind and keep the baby?
Legally, a surrogate cannot be compelled to surrender the child. However, if a surrogacy agreement is in place and the intended parents have a genetic connection to the child (through their own gametes or donor gametes), a court is highly likely to grant a parentage declaration in favour of the intended parents. The surrogacy agreement provides strong evidence of the parties’ intentions.
Related Services
Adoption & Fertility
LGBTQ Family Law
Fertility Law
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