LGBTQ+ Family Lawyer in Whitby, Ontario

Surrogacy & Donor Agreements

Surrogacy & Donor Agreements for LGBTQ+ Families

Surrogacy and donor arrangements are common paths to parenthood for LGBTQ+ individuals and couples. Barnett Law provides comprehensive legal support for these arrangements.

Surrogacy for LGBTQ+ Intended Parents

Whether you are a same-sex male couple using a gestational surrogate, a single LGBTQ+ individual, or any other configuration, we can help you navigate the surrogacy process in Ontario. Our services include drafting the surrogacy agreement, ensuring AHRA compliance, and obtaining a parentage declaration after the child’s birth.

Donor Agreements

If you are using a known egg or sperm donor, a donor agreement is essential to clarify the legal relationship between the donor and the intended parents. The agreement should clearly state that the donor does not intend to be a legal parent and relinquishes any parental rights. Without a proper donor agreement, a known donor could potentially claim parental rights or be held responsible for child support.

We draft donor agreements that protect the intended parents, the donor, and the child.

Child Custody & Co-Parenting

• Joint custody arrangements for same-sex parents
• Co-parenting agreements for multi-parent families
• Parenting plans that reflect your family’s unique structure
• Access and visitation schedules that work for everyone

Child custody and parenting arrangements for LGBTQ+ families are governed by the same legal principles as for any family: the best interests of the child. Under the Divorce Act and the Children’s Law Reform Act, the court considers a range of factors, including the child’s relationship with each parent, each parent’s ability to meet the child’s needs, and the child’s views and preferences (depending on age and maturity).

Multi-Parent Families

Some LGBTQ+ families involve more than two parents — for example, a same-sex couple and a known donor who all play a parenting role. Ontario law allows for the recognition of more than two parents on a child’s birth registration in certain circumstances under the All Families Are Equal Act, 2016 (AFEA). This groundbreaking legislation was designed to ensure that Ontario’s parentage laws reflect the diversity of modern families.

If you are in a multi-parent family or are considering an arrangement that involves more than two parents, legal advice is essential to ensure that everyone’s rights and responsibilities are clearly defined.

Known Donor Rights

A known donor’s legal status depends on the agreements in place and the circumstances of the child’s conception. If a donor agreement was signed before conception, the donor is generally not considered a legal parent. However, if no agreement exists, the donor may have a basis to seek parental rights, or the intended parents may seek child support from the donor.

Clear legal agreements before conception are the best way to prevent future disputes.