Fertility Law in Canada
Understanding Fertility Law in Canada
As an expert in the field of fertility law, Shirley Levitan understands the changing legal landscape and works closely with clinics, hospitals, intended parents, ova and sperm donors, gestational carriers and traditional surrogates.
Shirley believes in open communication and encourages her clients to ask questions to better understand the law.
Aspects of fertility law in Canada are governed by the Assisted Human Reproduction Act, SC 2004, c.2 (the “Act”). This is a federal Act and applies across Canada.
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Shirley Levitan
Toronto-based Fertility Lawyer
With experience in fertility law dating back to 1996, Shirley provides an unparalleled level of knowledge in this field. While she is based in Canada, she works with people worldwide. Shirley serves as the current Co-Chair of the Law and Ethics Special Interest Group of the Canadian Fertility and Andrology Society, as well as an elected Fellow of the Academy of Adoption and Assisted Reproductive Attorneys.
Shirley is a leading Canadian lawyer with respect to preparing the various agreements required in the area of fertility law, as well as attending to court and government applications dealing with local, cross-border, national and international birth registration issues that arise in the context of assisted reproductive technology.
Shirley was the first lawyer in Ontario to obtain a parentage declaration in a surrogacy situation where the intended parents have no genetic connection to the child.
About Fertility Law
Surrogacy, Fertility & Egg/Sperm Donation
Whether you are an intended parent, a gestational carrier, a surrogate or a donor, Shirley is here to guide you through the legal maze and ensure your interests and concerns are heard and protected.
Birth Registration Across Canada
In Canada, how a child’s birth is registered varies from province to province and can be confusing based on the laws and regulations. Let us help you with this important step to ensure you are protected and confident moving forward.
Ontario Parentage Laws
Ontario parentage legislation was changed as of January 2, 2017. Changes include the following:
A donor is not a parent by virtue of donating using assisted reproduction.
A person who donates sperm using sex is not a parent, provided there is a preconception written agreement.
In a surrogacy situation, a birth can be registered in the names of up to 4 people without the need to get a post-birth parental Court order (declaration of parentage). This includes same-sex intended parents. This applies ONLY if there is a pre-conception written agreement, with the surrogate and intended parents each having independent legal advice, and the surrogate must sign a consent no earlier than seven days after the date of birth.
A surrogacy agreement may be used as evidence of a) an intended parent’s intention to be a parent of a child contemplated in the agreement; and b) a surrogate’s intention to not be a parent of that child.
A post birth Court parental order (declaration of parentage) must be obtained if there is no pre-conception written agreement with the surrogate and intended parents having separate lawyers.
A lesbian non-birth parent no longer needs to adopt her partner’s child or pursue a parental order to be legally recognized as a parent.
Legal Opinion
In numerous situations, opinions regarding fertility and reproductive technology may be required. Various consulates, government offices dealing with birth registration and parentage, other lawyers, and judges may all request these opinions, particularly when encountering birth registration laws that are different in their particular jurisdictions.
For example, a Judge in another country may wish an opinion on parentage laws of Ontario in order to understand how a non-biological parent is named as mother or father on the child’s birth registration documentation.
In addition, Clinics, Agencies or individuals may require a legal opinion with respect to fertility and reproductive technology legal issues.
It is of the utmost importance that a lawyer familiar with the relevant legislation and case law be enlisted to prepare such an opinion. Shirley has extensive experience preparing these opinions for authorities in different countries, including Consulates and Judges, and is available for consultation.
Providing you with the support you need…
Whether you are an intended parent seeking advice on the law and an agreement for surrogacy or ova/sperm donation, a surrogate wanting independent legal advice on an agreement, or a donor needing assurance on the current state of the law, Shirley’s experience and knowledge will guide you every step of the way.
Let us help you by providing the information you need to make good decisions and by creating the agreement that best suits your personal situation.
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