Practice Area
Fertility Law
Protecting Your Parental Rights
A fertility lawyer's job is to make sure your parental rights hold up — through surrogacy, egg or sperm donation, assisted reproduction, whatever your path looks like. At Krol & Krol, that means drafting legally sound agreements, securing declarations of parentage, and working through Canadian and international fertility laws before they become a problem for you.
This work is personal. Most clients come to us mid-process, already emotionally invested, and the last thing they need is legal guidance that treats them like a file number. We don't do that.
Every family gets the same thing: a lawyer who knows where the gaps are and closes them before they matter.
Why Work with a Fertility Lawyer
Fertility law in Canada is specialized. The rules around surrogacy, egg donation, sperm donation, and embryo donation are complex, and not every lawyer has experience in this area. Working with a fertility lawyer ensures:
- Clear donor contracts for sperm, egg, or embryo donation
- Compliance with Canadian law under the AHRA and Ontario parentage laws
- Defined parental rights for intended parents from the start
- Reduced risk of disputes about responsibilities, expenses, or decision making
- Proper guidance through the administrative or court process regarding parentage in a surrogacy journey
Fertility Law Services We Provide
Surrogacy Agreements
Drafting and negotiating agreements to protect both intended parents and surrogates, ensuring all parties are legally covered.
Donor Agreements
Preparing contracts for sperm, egg, and embryo donations to clarify rights, responsibilities, and expectations for all involved.
Legal Parentage
Where legislative criteria are met, we ensure legal parentage is transferred from the surrogate to the intended parents through the administrative route. Where criteria are not met, we assist with obtaining court orders.
Legal Advice for Intended Parents
Ensuring your parental rights are recognized before, during, and after your child's birth — protecting your family from start to finish.
Legal Support for Surrogates & Donors
Providing independent legal advice (ILA) to surrogates and donors so they fully understand their rights and obligations before signing.
Guidance on Expenses & Reimbursement
Explaining what expenses may be reimbursed under the Assisted Human Reproduction Act and ensuring compliance with the relevant Regulations.
What to Expect When Working with Krol & Krol
Consultation
We review your situation and explain your options — surrogacy, donor agreements, ILA — without overwhelming you with legal jargon.
Drafting the Agreements
We draft the agreements that apply to your situation: surrogacy contracts, donor agreements, independent legal advice for the donor or surrogate.
Parentage Process
When a child is born in Ontario through surrogacy, we handle the legal transfer of parentage — either through birth registration or a court order, depending on the circumstances.
Ongoing Support
Questions come up after the paperwork closes. We stay available — we'd rather you call us than sit with something unresolved.
FAQs About Fertility Law
Is surrogacy legal in Canada?
Yes. Surrogacy is legal in Canada, but paying a surrogate beyond reimbursable expenses is prohibited under the Assisted Human Reproduction Act (AHRA). Reimbursements must also be made in accordance with the AHRA and the relevant Regulations.
Do I need a lawyer for a surrogacy agreement?
Yes. Both intended parents and surrogates must have independent legal representation to ensure the agreement is valid, enforceable, and reflects their respective rights and obligations.
What expenses can be reimbursed to a surrogate?
Examples of reimbursable expenses include medical costs relating to the transfer, counselling, and maternity clothing. We provide detailed guidance on what is and isn't permitted under the AHRA.
Do sperm or egg donors have parental rights in Ontario?
With a proper donor agreement, donors typically have no parental rights or obligations in Ontario by virtue of their donation alone. Legal clarity through a proper agreement is essential.
Who does Krol & Krol represent in fertility cases?
We represent intended parents, donors, and surrogates. Our firm supports diverse family structures and brings the same care and expertise to every client.
Schedule Your Fertility Law Consultation
Your path to parenthood deserves legal protection from the start. Contact Krol & Krol today to book your consultation — we understand what's at stake.
Book a Consultation