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Surrogacy

SBL - Children's Issues

Surrogacy is a process whereby a woman carries a baby for another person or persons.  There are different types of surrogacy such as donor egg surrogacy, donor sperm surrogacy, genetic surrogacy and traditional surrogacy.  Traditional surrogacy involves a women who is artificially inseminated.  Her own egg is fertilized with the intention that she will give up the child.

Surrogacy is legal in Canada; however, there are significant restrictions and limitations surrounding the process.  It is therefore crucial to consult with a family lawyer regarding the legislation surrounding this developing field.  We recommend that the intended parents and surrogate enter into a surrogate contract, stipulating the intentions and legal rights and responsibilities of each party.   In Alberta, the Family Law Act recognizes assisted reproduction and surrogacy, and this legislation governs the legal issue of defining who will be a parent.  Another important statute is the federal Assisted Human Reproduction Act.

Surrogacy law is a complex and evolving area of law.  It crosses international borders, and it allows families the opportunity to have children enter their lives where previously they were unable to for a variety of reasons, whether a couple is same-sex, infertile, or for health risk reasons.

Click here to get in touch with a Soby Boyden Lenz LLP representative regarding how we can help with children’s issues.

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