Practice Area
Fertility Law
Protecting Your Parental Rights
A fertility lawyer is a necessary part of your fertility journey if you are building your family using donor eggs, donor sperm, donor embryos, and/or surrogacy. At Krol & Krol, we draft and negotiate surrogacy agreements, gamete donor agreements, and embryo donor agreements. We also provide independent legal advice on these agreements, ensuring that you understand the terms in the agreement and its implications.
If the child is born in Ontario, we also assist in ensuring that parentage is transferred to the intended parents, with the applicable route determined based on the specific facts of your case. This may involve an administrative process or obtaining a declaration of parentage through the court.
Why Work with a Fertility Lawyer
Working with a fertility lawyer will assist you in navigating laws around third party reproduction, and we will:
- Draft and negotiate donor contracts for sperm, egg, or embryo donation as well as surrogacy agreements
- Ensure that your agreements comply with Canadian law under the Assisted Human Reproduction Act and Ontario laws
- Define parental rights for intended parents in the relevant agreement
- Clear agreements reduce the risk of disputes about responsibilities, expenses, or decision making
- 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.
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.
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