In certain situations, when a couple or an individual may not be able to have children on their own, they may enter into an agreement (a “surrogacy agreement”) with another individual who will carry and give birth to a child as a result of assisted reproduction (a method of conceiving a child other than by sexual intercourse) with the intention that the biological donors or the biological donor’s spouse or partner will care for and raise the child.
Reproductive technology and the options available to parties seeking to use assisted reproduction to have a child is changing exponentially and our laws are also evolving to ensure that the best interests of the child and of the all parties involved are addressed. In Canada, surrogacy is governed by the Assisted Human Reproduction Act and in Alberta there are references to sperm donors, egg donors and surrogacy in the Family Law Act creating necessary but complicated rules, requirements and laws that must be followed to insure that the intended results are achieved and if not adhered to may result in significant consequences.
At Matkovic Allan LLP, we are fortunate to have experienced and senior counsel in the area of surrogacy law, Ms. Colleen Christie, to help our clients navigate through this process. Ms. Christie is able to provide independent legal advice on Surrogacy Agreements, to draft Surrogacy Agreements and to take all necessary steps to obtain Declarations of Parentage or to finalize Adoptions to help you complete your family. If you have any questions about surrogacy or wish to discuss this matter further, please do not hesitate to contact Ms. Christie directly.