Surrogacy agreements.
Surrogacy in BC involves complex legal questions about parentage, contracts, and the rights of intended parents and surrogates. We provide legal advice that is clear, practical and grounded in BC law.
Two laws, one journey.
Assisted Human Reproduction Act
Federal legislation that governs assisted human reproduction, including surrogacy arrangements.
Family Law Act
British Columbia law on parentage, guardianship and the rights of the parties after birth.
An agreement documents intentions. A court order establishes parentage.
Advice for everyone involved.
Intended parents
Surrogacy agreements
Comprehensive agreements that document the intentions, rights and responsibilities of everyone involved, including expenses, medical decisions and provisions for unexpected circumstances.
Independent legal advice
We explain your rights and obligations under BC law so you can proceed with clarity.
Parentage orders
After birth we guide you through the application to BC Supreme Court and prepare the materials for filing.
Surrogates
Independent legal advice
A surrogate must obtain independent legal advice before signing a surrogacy agreement. We provide it and issue the certificate confirming you understand what you are agreeing to.
Your rights and obligations
We explain what the agreement covers, what it cannot do, and how BC law applies to your situation.
Donors
Donor agreements
Where egg or sperm donors are involved, a donor agreement addresses parentage, anonymity and related expectations, before any medical procedures take place.
Before, during and after birth.
Advice and agreement
Each party obtains independent legal advice. The surrogate must have it, with a certificate, before she signs. The surrogacy agreement and any donor agreement are settled before medical procedures begin.
The agreement in place
It records what the parties expect, including expenses, medical decisions and what happens if circumstances change. It documents intentions and is not directly enforceable as a contract in BC courts.
Parentage
Intended parents apply to BC Supreme Court for a parentage order or declaration. We prepare the materials and guide you through the process.
What it can and cannot do.
An agreement can
It cannot
Questions we hear.
Is a surrogacy agreement enforceable in BC?
Surrogacy agreements are not directly enforceable as contracts in BC courts. They remain a critical record of what the parties intended and expected, and they support a parentage application after birth.
Does the agreement make us the legal parents?
No. A surrogacy agreement documents the intentions and arrangements of the parties. Legal parentage is established after birth through a parentage order or declaration from the BC Supreme Court.
Does the surrogate need her own lawyer?
Yes. A surrogate must obtain independent legal advice before signing a surrogacy agreement. We provide that advice and issue the certificate confirming she understands what she is agreeing to.
Should intended parents also get independent advice?
Yes. Intended parents should obtain independent legal advice before entering into an arrangement, so that they understand their rights and obligations under BC law.
Do we need a donor agreement?
If an egg or sperm donor is involved, a donor agreement is recommended. It addresses parentage, anonymity and related expectations, and should be in place before any medical procedures.
When should we see a lawyer?
Before the arrangement begins, and before any medical procedures. Advice at the outset lets the agreements be settled properly and avoids problems at the parentage stage.
Start with advice.
Book a confidential consultation to discuss your surrogacy arrangement.
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