Surrogacy and assisted reproduction can be a complex and emotionally challenging process for any couple. However, intended parents may face unique legal challenges when it comes to surrogacy and assisted reproduction in Canada. In this blog, we’ll explore the legal considerations for intended parents in Canada when navigating surrogacy and assisted reproduction, and how Galbraith Family Law can help.
Parentage
One of the most significant legal considerations for intended parents when navigating surrogacy and assisted reproduction is parentage. In Canada, the legal parent of a child is determined by the child’s biological connection to the parent, or by a legal adoption process.
For intended parents using surrogacy or assisted reproduction, determining parentage can be complex. In some cases, the surrogate or donor may have legal rights to the child, which can create legal challenges for the intended parents. The best way to secure parentage rights is to have a contract in place with everyone involved and to stipulate in the contract who will have parentage rights. We can assist with this process at Galbraith Family Law.
At Galbraith Family Law, we understand the importance of protecting the legal rights of intended parents using surrogacy and assisted reproduction. Our team of lawyers and mediators is committed to providing compassionate and inclusive legal services for all families, including those using surrogacy and assisted reproduction.
Custody and Access
Intended parents using surrogacy and assisted reproduction may also face legal challenges when it comes to custody and access. In some cases, the surrogate or donor may have legal rights to the child, which can create legal challenges for the intended parents. The best way to ensure that parental rights are as intended is through a carefully created contract involving all the parties. At Galbraith Family Law, we can help you with this type of contract.
In Canada, the best interests of the child are the primary consideration in custody and access decisions. The Canadian Bar Association notes that a parent’s sexual orientation or gender identity should not be a factor in custody and access decisions, and that any discrimination based on sexual orientation or gender identity is prohibited under the Canadian Human Rights Act.
At Galbraith Family Law, we understand the importance of protecting the legal rights of intended parents. Our team of lawyers and mediators is committed to providing compassionate and inclusive legal services for all families, including those using surrogacy and assisted reproduction.
Legal Agreements
Intended parents using surrogacy and assisted reproduction need to ensure that they have legal agreements in place that clearly outline the rights and responsibilities of all parties involved. These agreements can help to clarify parentage, custody, and access rights, and can help to prevent legal disputes down the road.
At Galbraith Family Law, we believe in the importance of legal agreements when it comes to surrogacy and assisted reproduction. Our team of lawyers and mediators is dedicated to helping intended parents navigate the legal system and protect their legal rights.
Surrogacy Laws
Surrogacy laws in Canada vary by province and territory, and intended parents should be aware of the legal requirements in their jurisdiction. In some provinces, surrogacy agreements are not legally enforceable, which can create legal challenges for intended parents. In Ontario, such agreements are enforceable. In addition, intended parents should be aware of the legal requirements for surrogacy in Canada, including the requirement for a criminal record check and medical screening for all parties involved.
At Galbraith Family Law, we understand the importance of complying with surrogacy laws in Canada. Our team of lawyers and mediators is committed to helping intended parents navigate the legal requirements for surrogacy and assisted reproduction.
Conclusion
At Galbraith Family Law, we believe in equality and inclusivity for all families, including those using surrogacy and assisted reproduction. Our team of lawyers and mediators is committed to providing compassionate and inclusive legal services for all families, regardless of their sexual orientation or gender identity.
If you are an intended parent using surrogacy or assisted reproduction and facing legal challenges, it’s important to seek legal representation that is knowledgeable and supportive of your unique needs. Contact us today to learn more about how we can help.
To schedule a consultation, please call 647-370-8965 or contact us online. We also serve clients in and around Barrie, Newmarket, Toronto, and Oakville.
Sources
Canadian Bar Association. (n.d.). Surrogacy and the law. Retrieved from https://www.cba.org/Sections/Family-Law/Articles/2016/Surrogacy-and-the-Law
Government of Canada. (n.d.). Canadian Human Rights Act. Retrieved from https://www.justice.gc.ca/eng/csj-sjc/human-rights/description.html
Government of Canada. (n.d.). Assisted Human Reproduction Act. Retrieved from https://laws-lois.justice.gc.ca/eng/acts/A-13.4/
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