Fertility Lawyer In Toronto

We are a Full–service Canadian Fertility and Surrogacy Law Firm.

Fertility treatment can involve legal as well as medical decisions. If your plan includes a surrogate or donor, you may need agreements, independent legal advice, reimbursement planning, and a clear path to legal parentage.
Licata Law helps intended parents, donors, and surrogates understand what legal steps come next in Ontario.

Fertility Law Services For Intended Parents, Donors, And Surrogates

Fertility law may involve IVF, a surrogate, or a donor providing sperm, eggs, or embryos. The legal work depends on who is involved.

Our firm assists with Surrogacy Agreements, Egg Donor Agreements, Sperm Donor Agreements, and parentage documentation in Ontario. We can help you determine which documents fit your arrangement.

Surrogacy Agreements In Ontario

For Ontario’s statutory surrogacy parentage pathway, the surrogate and intended parent or parents must enter into a written Surrogacy Agreement before conception, and each side must receive independent legal advice before signing.

The agreement can also address reimbursement, communication, insurance, and expectations during pregnancy. Although a surrogacy agreement is unenforceable under Ontario law, it can serve as evidence of the parties’ intentions regarding parentage. Licata Law can draft or review an agreement for a party and explain the Ontario parentage process.

Gestational Vs. Traditional Surrogacy

In gestational surrogacy, the surrogate carries an embryo but does not provide the egg. In traditional surrogacy, the surrogate also provides the egg and has a genetic connection to the child.

Our legal team can explain how that distinction affects the legal planning and documents required for your arrangement.

Independent Legal Advice & Reimbursable Expenses

Canadian law prohibits paying a person to act as a surrogate, but specified surrogacy-related expenses may be reimbursed when federal requirements are met. Ontario’s statutory pathway also requires independent legal advice for the surrogate and intended parents.

Licata Law can help you understand the reimbursement framework and document how permitted expenses will be handled.

IVF And Assisted Reproduction Agreements

IVF may involve only the intended parents or may also involve donor sperm, donor eggs, donor embryos, and/or a surrogate. When third parties are involved, legal documents may need to be completed before treatment proceeds.

Our legal team can review your IVF plan and identify the agreements, consent issues, and parentage questions that should be addressed.

IVF With Donor Sperm, Donor Eggs, Or Donor Embryos

Donated reproductive material can raise questions about reimbursement, medical information, future contact, consent, and parentage. In Ontario, providing reproductive material or an embryo does not by itself make the donor a legal parent.

Licata Law can prepare or review donor agreements that record the parties’ intentions and match the IVF plan.

Consent, Clinic Coordination, & Parentage Planning

Federal law regulates consent to the use of human reproductive material and in vitro embryos, while Ontario law determines parentage. Fertility clinics may also require legal documents.

Our firm can help coordinate the legal work with the treatment plan so agreements and parentage issues are addressed early.

Egg Donation And Donor Agreement Requirements

Canadian law prohibits purchasing sperm or eggs, although eligible donation-related expenses may be reimbursed under federal regulations. An Egg Donor Agreement or Sperm Donor Agreement can address reimbursement, consent, information sharing, future communication, and the parties’ intentions.

Licata Law can draft or review donor agreements and explain how federal payment rules and Ontario parentage law affect your arrangement.

Known Donor Vs. Anonymous Or Open-Identity Donor Considerations

The legal documents may differ depending on whether the donor is personally known to the intended parents or reproductive material comes through a clinic or bank under an anonymous or open-identity program.

Our firm can review how the donor relationship is structured and identify what should be addressed before treatment.

Privacy, Consent, & Future Dispute Prevention

Fertility arrangements can involve sensitive medical, family, and identifying information. Agreements can set expectations about disclosure, medical updates, future contact, and communication.

Our legal team can help you put those expectations in writing before the arrangement progresses.

Establishing Legal Parentage In Ontario

Biology alone does not determine parentage in every assisted-reproduction arrangement. Ontario’s Children’s Law Reform Act contains specific rules for donors, intended parents, pre-conception parentage agreements, and surrogacy.

Licata Law can review how the child will be conceived and help plan for the documents and post-birth steps needed to establish parentage.

The Assisted Human Reproduction Act And Ontario Fertility Law Rules

Fertility law crosses federal and provincial boundaries. The federal Assisted Human Reproduction Act restricts payment for surrogacy and reproductive material and regulates consent and reimbursement, while Ontario law addresses legal parentage.

Licata Law can explain which rules apply and translate them into practical next steps for your arrangement.

Speak With A Toronto Fertility Lawyer

If you are preparing for surrogacy, IVF with a donor, egg or sperm donation, or another assisted-reproduction arrangement, early legal advice can help identify documents that should be completed before treatment.

Our team works with intended parents, donors, and surrogates on fertility-law matters in Ontario and currently offers a free initial consultation. Book a fertility law consultation to learn how we can help.

Our Legal Team

Caterina Licata, founder of Licata Law, became a Canadian lawyer in 2016. Her family-law practice includes fertility and surrogacy work, including surrogacy and donor agreements. The team also includes a Family Law Clerk.

Frequently Asked Questions About Fertility Law

Do intended parents need a surrogacy agreement before embryo transfer?

For Ontario’s statutory surrogacy parentage pathway, the written Surrogacy Agreement must be entered into before conception, and the parties must receive independent legal advice before signing. Licata Law can help prepare the agreement before treatment reaches that stage.

Is paid surrogacy legal in Canada?

No. Federal law prohibits paying a person to act as a surrogate, although eligible expenses may be reimbursed when federal requirements are followed.

Do egg donors or sperm donors have parental rights?

In Ontario, providing reproductive material for assisted reproduction does not by itself make the donor a legal parent.

When should I speak with a fertility lawyer during the IVF process?

Speak with a fertility lawyer before treatment involving a donor or surrogate proceeds, particularly before conception where a Surrogacy Agreement is involved.

This page provides general legal information and is not legal advice.

The Assisted Human Reproduction Act (the “AHRA”)

The AHRA prohibits the following activities (punishable by up to a $500,000 fine and/or 10 years in prison)

i. Purchasing a sperm or ovum from a donor or from anyone on the donor’s behalf- Section 7(1)
ii. Purchase or sale of embryos, or other reproductive material – Section 7
iii. Obtaining sperm or ovum from a donor under 18 years of age – Section 9
iv. Paying consideration to a surrogate – Section 6
v. To pay or receive consideration to arrange for the services of a surrogate mother, offer or advertise payment — Sections 6 (2) and (3)
vi. Reimbursing a donor or a surrogate for expenditures incurred in course of donating and surrogacy respectively unless a receipt is provided – Section 12
vii. Reimbursing a surrogate for loss of work-related income during the pregnancy unless a qualified medical practitioner certifies in writing that continuing to work may pose a risk to her health or to that of the embryo or fetus – Section 12
Reimbursement of expenditures to donors and surrogates is permitted; however, it must be in accordance with the Regulations – Section 12.

12. (1) No person shall, except in accordance with the regulations, a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum; b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy.
(2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure.
(3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or fetus; and b) the reimbursement is made in accordance with the regulations

A. Surrogate mother may be reimbursed for out-of-pocket expenses directly related to her pregnancy (i.e., maternity clothes, medications). Reimbursement of a particular expense normally occurs after the surrogate has provided receipts for expenses to the person making the reimbursement. The reimbursement must not provide the surrogate mother with financial gain.

Payment of “anticipated expenses” or an “unexplained allowance” would be seen as violating the prohibition in the AHR Act. Whether or not a particular cost is directly related to the surrogacy depends on the circumstance(s) of each surrogacy arrangement.

Regulations are not exhaustive, and to date, there is no associated caselaw, accordingly, reimbursements considered acceptable differs from lawyer to lawyer.

Some acceptable expenses are as follows:

• Maternity clothing
• Prenatal vitamins
• Travel to and from clinics, etc.
• Childcare
• Net loss wages as a result of doctor ordered bed rest
• Counselling (social worker)
• Legal fees for each of the surrogate and the intended parents
• Life and disability insurance

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Schedule A Consultation

Licata Law is happy to provide free initial consultations to understand your legal matters. To schedule a consultation, fill out the quick form and the lawyer will respond to you shortly to set up a date and time to discuss your legal needs.