Building a family through the methods of assisted reproduction is becoming increasingly common across Canada. Many couples who are facing fertility issues, and same-sex couples, are turning to alternative reproductive techniques, such as surrogacy and sperm donation. In order for these couples to have a child, these methods are often the only option. Here at BOYNECLARKE LLP, we can help guide you through the process of assisted reproduction. Our team of lawyers are experienced in this field and are ready to assist you in securing the necessary results that you and your family need.
At BOYNECLARKE LLP, we understand that building a family through assisted reproduction can feel overwhelming — emotionally, logistically, and legally. Our Fertility Law practice is here to guide you through every step of the process with care, expertise, and compassion.
Whether you’re exploring surrogacy, egg or sperm donation, confirming parentage, or navigating international aspects of assisted reproduction, our dedicated Fertility Lawyer and the broader BOYNECLARKE LLP team are committed to protecting your interests and providing the support you need.
Based in Nova Scotia, we proudly offer Fertility Law services to clients across the province, throughout Canada, and internationally. No matter where you are located, our team is ready to assist you.
What does Fertility Law include?
Fertility law is an area of law that deals with a range of issues relating to surrogacy, sperm donation, confirming parentage, and more. Whatever your situation, wherever you are located, we are here to help you along every step of your journey. Our team has had experience dealing with clients across Nova Scotia, Canada, and beyond. Due to the nature of the practice, we can serve your needs regardless of your geographical location. Our extensive experience in Fertility Law, combined with our commitment to delivering the highest standard of service necessary, is what drives us each day. Our team is experienced in all matters relating to fertility law and is eager to provide each of our clients with the best experience, every time.
Our Fertility Law services include:
- Negotiating, drafting, and providing independent legal advice on surrogacy agreements, egg donor agreements, sperm donor agreements, and embryo donation agreements.
- Applying to the Nova Scotia Supreme Court (Family Division) for parenting declaration orders to confirm legal parentage.
- Assisting with the Nova Scotia birth registration process to ensure your child’s birth is properly recorded.
- Helping with your child’s Canadian passport application so you can travel with confidence.
- Coordinating with international lawyers to support registration of your child’s birth in your home country, if needed.
- Facilitating the Apostille of birth registration documents with Global Affairs Canada.
- Bringing adoption applications before the Nova Scotia Supreme Court (Family Division), when required.
- Advocating for you throughout your journey, ensuring you understand your rights and feel supported every step of the way.
Choose BOYNECLARKE LLP.
While Fertility Law is a specialized and growing area, you don’t have to navigate it alone. Our dedicated Fertility Lawyer brings focused knowledge in this evolving field, and our large, multi-disciplinary team provides additional strength when related legal issues arise — from immigration and family law to estate planning.
We know how personal and sensitive these matters are. That’s why we prioritize creating a safe, judgment-free environment where you can share the details of your situation confidently. Our goal is for you to feel heard, informed, and secure as you take the next steps in building your family.
Areas of Focus
Assisted Reproduction
Surrogacy
Surrogacy really covers a wide range of reproductive possibilities. The off-spring could be a genetic match of both the intended parents, just one of the intended parents, or neither in some circumstances. Two general categories of surrogacy are “traditional” (the surrogate is biologically related to the child) and “gestational” (the surrogate is not biologically related to the child). This area of the law is governed by the Federal Assisted Human Reproduction Act, passed in March of 2004.
Here at BOYNECLARKE LLP, we understand the significance of surrogate mothers during the assisted reproduction process. It is your gift that provides so many families across the world with their dream of becoming a parent. Without you, the process of assisted reproduction would be impossible, and we value your yourself importance tremendously. At times it can be difficult, but we are here to help guide you through your surrogacy and ensure that you are provided with the best legal guidance available.
Surrogacy Agreement
Before proceeding with a surrogacy, the Parties should be prepared to sign a detailed Agreement. The Agreement is a legal contract between all the parties and their spouses that will detail the arrangements between the parties.
Confirming Parentage
Once the child is born, the surrogate must be named on the initial birth certificate as the mother of the child. Fortunately, we can help you resolve this. To fulfill this process, an application is to be made to the appropriate court, requesting that the birth certificate be changed and declaring that the intended parents are the parents of the child. We will help guide you through this process and ensure that your names end up on your child’s birth certificate.
Sperm Donation
Like surrogacy, we also understand and acknowledge the importance of sperm donation in fulfilling the gift of life. That understanding is at the core of why we are so eager to help you along your journey as a sperm donor. Oftentimes, sperm is donated by an anonymous sperm donor; however, occasionally the sperm donor is known to the intended parent or parents. It is important, especially where the donor is known to the intended parent/parents, that a donor agreement be signed by both parties with independent legal advice.