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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BIRTH REGISTRATION

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Family law and fertility law overlap

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:

Fertility Law - SurrogacyA donor is not a parent by virtue of donating using assisted reproduction.

Fertility Law - SurrogacyA person who donates sperm using sex is not a parent, provided there is a preconception written agreement.

Fertility Law in CanadaIn 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.

Fertility Law in CanadaA 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.

Fertility Law in CanadaA 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. 

Fertility Law in CanadaA 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.

Testimonials

Shirley listened to our needs

We are a gay male Italian couple, and enlisted Shirley’s help with our surrogacy and egg donation journey.  From the beginning, Shirley was  knowledgeable, compassionate and diligent.  She was available on our timetable, and guided us through the many legal issues and complications.  Shirley listened to our needs and concerns with sincerity and made us feel secure and heard.  We are very happy with her assistance and can attest that you will be in very good hands with her.

GC and SP, Fertility Clients, Italy

Shirley has gone above and beyond...

We are a same sex married couple from Australia, who are now blessed with two beautiful babies born in Ontario via egg donation and surrogacy.  From the outset, Shirley was there to guide us every step of the way.  She is knowledgeable, available and sincerely interested in helping her clients work through the maze of international surrogacy and fertility arrangements.  She was the first person we met in Canada when we began our journey, and assisted us all the way through.   Shirley also managed to organize the paper work so we were able to leave Canada and return home within record time after the birth!  She has gone ‘beyond and above’ for us in so many ways.  We are still in touch with her and our daughters continually hail ‘agoo’ in thanks to her!  We highly recommend Shirley and can attest that you will be in excellent hands with her helping you

Happy fathers, AS and JC (and our lovely twins!), Fertility Law Clients, Australia

Shirley is smart, knowledgeable, no-nonsense, warm and approachable

Shirley took on my family law case after my previous lawyer had become a Judge.  It had been a complicated and challenging negotiation as my ex and his lawyer were trying to ensure that ‘no stone was left unturned’, even though there was nothing under those stones!  Shirley negotiated the final agreement to my very great satisfaction. She ensured that I was regularly informed and that I understood all the issues, and how the facts of my particular case related to the law.  Shirley is smart, knowledgeable, no-nonsense, warm and approachable. I was very pleased with the result and felt heard and well taken care of.  I highly recommend Shirley, you will be in good hands with her.

SC, Family Law Client, Toronto, Ontario

Thank you for your guidance

I cannot thank Shirley enough for her guidance and wisdom through the negotiation of my separation agreement.  There were indeed times I was ready to ‘throw my hands up’, dig my heels in, and take it all to Court.  Shirley helped to ground me, and wisely advised that this would not be at all helpful; I would risk losing a lot going to court rather than negotiating-not to mention the high tab it would involve. When I felt down, she helped me to see the ‘silver lining’ and truly encouraged me to ‘hang in there’.  In the end, I had an agreement that dealt with all the issues that were important to me, in a way that made sense to me.  Thank you, Shirley!

HE, Family Law Client, Toronto

I highly recommend Shirley!

Shirley took on my case after my previous lawyer had become a Judge.  It had been a very complicated and challenging negotiation as my ex and his lawyer were trying to ensure that ‘no stone was left unturned’, even though there was nothing under those stones!  Shirley negotiated the agreement to my very great satisfaction. She ensured that I was regularly informed and that I understood all the issues, and how the facts of my particular case related to the law.  Shirley is smart, knowledgeable, no-nonsense, warm and approachable. I was very pleased with the result and felt heard and well taken care of.  I highly recommend Shirley; you will be in excellent hands with her. “

SC, Family Law Client, Toronto, Ontario

Shirley helped me get through a very rough time

I hired Shirley on the recommendation of a friend of mine. The separation was not an easy time for me, and I needed someone strong, who, at the same time, could support me with sincerity and empathy.  I was not disappointed. Shirley guided me with patience and understanding through the maze of issues involved in my case (not simple), and negotiated an agreement directly with my ex (also not simple) until the end, when he got a lawyer to review it.  Her knowledge, experience and patience, plus how she dealt with my ex, helped get me through this very tough time. I cannot thank her enough and have recommended her numerous times since.

CR, Family Law Client, Toronto

I obtained the agreement I wanted!

I thank Shirley for her guidance, knowledge, and wisdom in settlement negotiations of my separation agreement. It was a difficult time for me, and Shirley helped me every step of the way. She made sure I felt heard, and that my goals and fears were acknowledged. It was important to me to maintain a positive relationship with my ex-husband throughout, and Shirley ensured that happened. Her patience, warmth, and experience helped to keep me grounded and focussed. I obtained the agreement I wanted, and my ex and I continue to co-parent our children with respect. A huge relief is an understatement!

SE, Family Law Client, Toronto

Shirley made this difficult process easy

Shirley Levitan BSc., LLB is phenomenal to work with. Shirley was highly recommended by one of my long-time clients as I was recently going through a divorce. Shirley made this difficult process easy, clear and had it completed fairly quickly. She took the time to explain and guide me through the negotiations, while delivering on everything she had promised. I would recommend Shirley Levitan BSc., LLB to anyone going through a divorce, as she is very knowledgeable and truly works for the best interest of her clients. She not only makes a difficult situation easy but makes herself available to answer any questions or concerns one may have. Shirley, I can’t thank you enough for your help and alleviating a lot of stress from my divorce. Thank You

PS, Family Law Client, Toronto

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