Frequently Asked Questions

baby-in-handsIs surrogacy legal in BC?

Yes, surrogacy is legal in BC.  There are  specific requirements in the BC Family Law Act that need to be followed. You should seek out a lawyer to ensure that the requirements set out in the Act are being adhered to.

Is an agreement necessary for sperm or egg donation?

Although the BC Family Law Act clarifies that donors are not parents simply by virtue of being donors, in the case of known donors, it is desirable to have an agreement before conception takes place to clarify what roles each person will or will not have after the child is born, among other issues.

Do I need a lawyer?

Depending on what sort of assisted reproduction is being used, a lawyer may be a necessary part of the equation. For instance, in the case of surrogacy in BC, a written agreement between the surrogate and the intended parents must be entered into before conception takes place.

I am considering acting as a surrogate, and have been advised to get independent legal advice. What is this?

Independent legal advice for a surrogate ensures that her interests have been protected and that she understands the agreement that she is about to enter into.  The process involves meeting with a lawyer to review the agreement and to answer any questions.  The surrogate’s lawyer would then discuss any changes with the intended parents’ lawyer.

Can the same lawyer represent the intended parents and the surrogate?

The same lawyer cannot act for the intended parents as well as the surrogate.  This would be a conflict of interest for the lawyer.

What is a parentage declaration?

Unique situations may require a court application to declare the intended parent(s) of the child to be the legal parent(s).