A surrogacy provides a non-biological adult a process to obtain the full legal rights to a minor carried to term by another individual. In addition, it may include some form of genetic donation between parties. Surrogacy is a complex area of law involving contracts, legislation, potentially court, privacy interests, and considerations into the future If you require assistance with a surrogacy, whether drafting or reviewing a Surrogacy Agreement or consideration of the effect of donation, one of our lawyers may be able to see you as early as today.

What is a Surrogacy Agreement

A surrogacy agreement is a contract between a surrogate and usually the future parent(s) of the child. There is usually not a ‘standard’ agreement as each instance is unique. Virk Law lawyers are experienced in drafting and reviewing Surrogacy Agreements.

What complications can occur

There is no exhaustive list of complications which could result when going through surrogacy. Privacy interests are often at the forefront of agreements reached between parties. Disputes can arise to payments agreed to between parties and rarely, a surrogate no longer wanting to participate in the process.

I have donated an egg or sperm in the past, can I be subject to child support

Cases in Canada have examined this issue, and in the absence of a binding agreement (not simply the intent of the parties), there have been instances where child support has been ordered. If you are participating in the surrogacy process, inform yourself properly of your legal rights.