Surrogacy

TRADITIONAL CONCEPTION IS NOT THE ONLY OPTION.

Surrogacy law is an evolving field. As techniques improve and complicated cases involving surrogacy come through the courts, the laws in Alberta and Canada must adapt. This can make the legal ramifications of becoming or seeking a surrogate challenging.

While surrogacy is legal in Canada, 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, SA 2003, c F-4.5 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, SC 2004, c 2.

GDE FAMILY LAW can help your surrogacy proceed smoothly by helping you navigate the process and ensuring that your rights as a parent or surrogate are respected.

At GDE FAMILY LAW, our Surrogacy Lawyers are prepared to help with all types of cases, whether the baby is genetically related to the surrogate, the intended parents, or both.

Federal and provincial laws are in place to make the process easier and more secure for both parents and surrogates. For the most part, Alberta law treats Canadian, international, opposite-sex and same-sex parents the same when it comes to their rights and obligations.

While it is not legal for surrogates to profit from their services, most intended parents provide compensation for medical and legal expenses, as well as any time off work due to pregnancy or childbirth.

At GDE FAMILY LAW, our Surrogacy Lawyers will answer all of your questions about the process and any potential practical and legal difficulties. We will also help you negotiate, draft and fill out Contracts and legal documents such as:

  • Surrogacy contracts, which can govern compensation, psychiatric and genetic screening, wills, and resolution of any conflicts
  • Parenting declarations, which help the court determine the identities of the child's parents for legal purposes, such as birth certificates
  • Birth certificates and other documentation

Although a Family Law Lawyer acting for both parties can draw up the surrogacy contract, it is recommended that each party obtain Independent Legal Advice (“I.L.A.”) before signing any contract. GDE FAMILY LAW can provide this if another law firm has drafted your contract.

If you have entered into a Contract and it has not gone well, our Family Law Lawyer can also help you deal with the consequences, understand your rights and explore your legal options.

If you are hoping to become a surrogate or a parent through the services of a surrogate, contact GDE FAMILY LAW to set up a consultation. We can help you understand your rights and obligations and help keep the surrogacy process free of, or at the very least, limit any potential, legal complications.