Surrogacy, Egg/Sperm Donation Agreements

There are specific agreements that are entered into when one is becoming a surrogate, or engaging with a surrogate, or donating ovum (egg) or sperm genetic material and those receiving this genetic material.  

The legal ability to donate or receive genetic material, or to act or engage with a surrogate is governed by the Assisted Human Reproduction Act.   

Prior to entering a medical procedure for ovum or sperm donation, or the implementation of a fertilized egg in a surrogate, medical offices expect that parties have agreed upon terms that govern this process between the involved parties.

It is important that individuals understand their complete rights and responsibility when entering these agreements.    At Family Central Law our values are ensuring that you have personalized advice tailored to your unique circumstance.

It should be noted that in Canada it is illegal to provide financial renumeration to individuals looking to donate genetic material and to act as a surrogate. However, there is opportunity to be reimbursed for expenses.  There should be clear and comprehensive understanding of what expenses are when entering into an agreement. 

In addition to accounting for expenses, parties entering into donation or surrogacy agreements should expect these agreements to address fundamental responsibilities of the parties.     As there are very important medical consequences for parties donating their genetic material or being surrogates, these medical impacts need to be addressed in an agreement. 

Donation and surrogacy agreements are not just about an immediate action being completed, rather they also detail the ongoing relationship expectations and obligations that the parties seek to rely upon.  In doing so, these agreements should address immediate, medium term and long term involvement of the parties.   

At Family Central Law we have specialized expertise in drafting ovum/sperm donation and surrogacy agreements and can help guide you through the process from start to finish.  For a free consultation kindly call our office at 1-866-278-4187, or email info@familycentrallaw.com, or click on our consultation page. 

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