Fertility Law & Assisted Reproduction Agreements

Michelle prepared our contracts for two surrogacies.  She was thorough, knew all the hard questions to be addressed for intended parents and guided us when we needed it.  Her experience in the fertility area really shines through in the support and sensitivity she offered us.  Michelle made sure we had no delays at the clinic waiting for the contracts.  She also provided clear instructions for what needed to be done after our baby was born.  She thought of everything and made the legal part of the process easy. We wholeheartedly recommend her!

~ Intended Parents (2019 &2023)

Your Path to Parenthood

British Columbia is one of the most progressive jurisdictions in the world if you wish to create a family using assisted reproduction. Michelle is passionate about this area of law, for which she played a key role in bringing forth in British Columbia.

Michelle will help you navigate the legal side of your family building journey with knowledge, compassion and support. Whether you are an Intended Parent, a Donor, a Surrogate, or a multi-parent family,  Michelle will make the legal process simple and seamless for you. Michelle will work with you to draft your Surrogacy, Egg, Sperm or Embryo Donor agreement if you are the Intended Parent. If you are the Donor or Surrogate, Michelle will provide you with Independent Legal Advice. Either way, Michelle will ensure the agreement protects you and complies withthe law. Michelle provides fertility law services where one of the parties (either intended parent, surrogate or donor) is located in Canada, with a focus on British Columbia, Nunavut and  the Yukon. 

If you are considering family building through assisted reproduction, it is critical to consider your legal options BEFORE you conceive in order to ensure you are able to carry out your intention respecting parentage (who are the parents of the child born). Please don’t wait to seek advice in this complex area of law, as it can be too late if pregnancy has already occurred. Michelle can help you navigate your path to parenthood with insight, open mindedness, and competency.

Michelle is a founding member of Fertility Law BC, a small working group of individual lawyers who are experienced in the complexities of the law regarding family building through assisted reproduction. The group collaborates to build best practices and to provide advocacy in this contemporary and growing area of law.

Fertility Law BC website is the go-to resource where you will find detailed information on the law, surrogacy, and donor issues, resources and legislation and blog posts. Please check it out if you have general questions and want to know more. 

Services ~ Fertility Law & Assisted Reproduction

Michelle provides the following services and packages for those considering Fertility Law & Assisted Reproduction Agreements, at a flat rate. The flat rate provided on the Services & Pricing page includes all fees and disbursements unless otherwise stated or agreed.

The packages includes the following services applicable in your circumstances: our intake meeting drafting of the Agreement or detailed review of an Agreement provided by the other party’s lawyer, meetings and discussion with you and/or negotiations with the other party’s lawyer, revisions and execution of the Agreement, letter to the fertility clinic if required, instructions for future steps. The packages are a range of the services most often required and the flat rate applies whether you require all or part of these services as each situation is unique.

NOTE: The flat rate for services or packages are subject to change without notice and the fees as set out on this webpage on the date that you select the service is the price that you will pay for that specific service or package, and with the tasks or limitations as set out herein. All prices are in Canadian Dollars (CND$). Taxes are not included. 

Legal Advice Meeting:

  • 1 Hour Legal Advice and planning session for those considering having children through assisted reproduction or family planning within alternative families (multi-parent etc).
    • Do you have questions about your rights, responsibilities, legal obligations and options? Book a 1 hour meeting to ensure you have the legal information to plan your fertility and family building journey. Entering into Agreements BEFORE conception is essential in determining who is a parent when using assisted reproduction or creating alternative family structures, whether you are straight, gay, poly or other family models.

Surrogacy:

  • Surrogacy Agreement: Draft a tailored Surrogacy Agreement between a surrogate and intended parent(s).
  • Independent Legal Advice on a Surrogacy Agreement: Understand your rights and responsibilities under an Agreement provided to you by the other party and ensure it meets your needs.

Sperm Donation:

  • Sperm Donation Agreement: Draft a tailored Sperm Donation Agreement between a known donor and intended parent(s).
  • Independent Legal Advice on a Sperm Donation Agreement: Understand your rights and responsibilities under an Agreement provided to you by the other party and ensure it meets your needs.

Egg/ Ova or Embryo Donation:

  • Egg/ Ova Donation or Embryo Donation Agreement: Draft a tailored Agreement between a known donor and intended parent(s).
  • Independent Legal Advice on an Agreement: Understand your rights and responsibilities under an Agreement provided to you by the other party and ensure it meets your needs. 

Multi-Parent Families:

  • Multi-Parent Agreement: Draft a tailored Agreement in a situation where there are more than two persons all of whom agree to be parents of a child (i.e. a couple and the donor, or a couple and the person birthing the child will also be a parent); where the child will be conceived through assisted reproduction; and conception has not yet occurred.
  • Independent Legal Advice on a Multi-Parent Agreement: Understand your rights and responsibilities under an Agreement provided to you by the other party and ensure it meets your needs.

Mediation

If you and your partner wish to work together to collaborate on the development of your Cohabitation Agreement, or  if you do not see eye-to-eye, you may wish to consider mediation. Mediation will allow you and your partner to work together to create the terms of your Cohabitation Agreement cooperatively.  Structure your relationship in a way that reflects both of your needs and within your joint relationship goals. 

Please see the Mediation tab for information on the mediation process and cost. While the Mediation page is focussed on separations, the process and cost information is applicable to mediations for Cohabitation or Marriage Agreements. 

Cohabitation & Marriage Agreements

Separation
Agreements

Remote Family Law
Mediation