Service first.
Building and maintaining a relationship of trust
with our clients is paramount.

Adoption & Fertility Law

 

Adoption

Step-parent Adoption

Our office prides itself in the efficient processing of step-parent adoptions anywhere in Ontario. We will assist you and your spouse with the completion of all of the necessary court forms, work with you in obtaining all of the necessary consents to the adoption, and finalize all arrangements with your local Court. 

Step-parent adoptions often involve the consents of previous partners/spouses. If this person should not be willing to provide a consent, or it is not available, we will be able to assist you with making application to dispense with the consent. As part of the step-parent adoption, we will further assist you in changing the name of the child that is being adopted and the registration of the new name with the Registrar General of Ontario. 

 

Relative Adoption

In Ontario, a relative is able to adopt a child without having to obtain a homestudy, or being approved by the Ministry of Children, Community and Social Services as an appropriate parent. 

If you are considering adopting a child who is related to you and are looking for assistance with the Court process, we are here to help.

 

Fertility Law

“Fertility Law” includes surrogacy, egg donation, and sperm donation, and the laws and regulations that govern these reproductive technologies. In Canada, this area of law is governed by the federal legislation known as the Assisted Human Reproduction Act, S.C. 2004, c. 2. Critical to this novel and evolving area of law is the principal that there should be no compensation or consideration for donating egg or sperm, or acting as a surrogate. A surrogate, egg donor, or sperm donor, can, however, obtain reimbursement for expenses relating to the surrogacy or donation as specified in the Regulation known as the Reimbursement Related to Assisted Human Reproduction Regulations, SOR/2019-193. Our team can help you navigate this complex area of law, including the Provincial laws surrounding parentage, decision-making responsibility, and the registration of birth and adoptions. These include, without limitation, the Vital Statistics Act, R.S.O. 1990, c. V.4 (relating to the registration of births and adoptions, among other issues), the Children's Law Reform Act, R.S.O. 1990, c. C.12 (relating to the rules of parentage, decision-making responsibility, testamentary guardianship, and contact, among other issues), and the Family Law Act, R.S.O. 1990, c. F.3 (relating to child support and dependant’s relief claims, among other issues). Our dedicated team will help familiarize you with these important legal principles so you feel confident embarking on your surrogacy journey.

 

Surrogacy

Surrogacies are slowly becoming a more openly discussed option for building a family. Although this area of the law and the legislation that governs it, the Assisted Human Reproduction Act, S.C. 2004, c. 2., is relatively new, it is likely that with advances in technology, surrogacies will continue to be an option for prospective parents. We will help you understand this

If you are a prospective parent, or a possible surrogate, our office can assist in the preparation or review of a Surrogacy Agreement to formalize the arrangement. We assist with contracts relating to both traditional and gestational surrogacies. We offer both independent legal representation and independent legal advice. We also offer notarization services, and can assist with court proceedings relating to declarations of parenting, adoption, decision-making responsibility, or otherwise, as necessary.

 

We would strongly encourage any party participating in a surrogacy to familiarize yourself with the following:

  1. Reimbursement Related to Assisted Human Reproduction Regulations, SOR/2019-193;
  2. Guidance Document: Reimbursement Related to Assisted Human Reproduction Regulations; and
  3. Government of Canada: Prohibitions Relating to Surrogacy.

 

Egg Donation and Sperm Donation

Egg donation and sperm donation are also legal in Canada under the Assisted Human Reproduction Act. Important principles relating to sperm and egg donation include that no payment should be made to the donor and it is necessary to obtain written and informed consent from the donor in the form prescribed by the legislation. A donor can, however, be reimbursed for expenses relating to the donation, but only for those expenditures outlined in the Regulation known as Reimbursement Related to Assisted Human Reproduction Regulations, SOR/2019-193.

 

Our office can assist in the preparation or review of an Egg Donation or Sperm Donation Contract. We again offer both independent legal representation and independent legal advice.

 

We would strongly encourage any party participating in egg donation or sperm donation to familiarize yourself with the following:

  1. Reimbursement Related to Assisted Human Reproduction Regulations, SOR/2019-193;
  2. Consent for Use of Human Reproductive Material and In Vitro Embryos Regulations, SOR/2007-137; and
  3. Government of Canada: Prohibitions related to Purchasing Reproductive Material and Purchasing or Selling In Vitro Embryos.

 

 

Contact

Karin Maiterth
519.579.4300 x 262
kmaiterth@ggfilaw.com
Carly Bauman

519.579.4300 x 264
cbauman@ggfilaw.com