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Surrogacy in BC involves complex legal questions about parentage, contracts, and the rights of intended parents and surrogates. At Outset Law, we provide legal advice that is clear, practical, and grounded in BC law.
What We Handle
In BC, surrogacy arrangements are governed by a combination of federal legislation — the Assisted Human Reproduction Act — and provincial law, including the Family Law Act. Surrogacy agreements are not directly enforceable as contracts in BC courts, but they are a critical part of documenting the intentions and expectations of the parties and supporting a parentage order application after birth. Legal advice before entering into any surrogacy arrangement is essential for both intended parents and surrogates.
We advise intended parents and surrogates on their respective rights and obligations, draft comprehensive surrogacy agreements, and assist with parentage order applications in BC Supreme Court. We also provide independent legal advice (ILA) to surrogates — which is required before they sign any agreement.
A surrogacy agreement does not create legal parentage — it documents the intentions and arrangements of the parties. Legal parentage is established through a parentage order or declaration from the BC Supreme Court. We help you navigate both.
We draft comprehensive surrogacy agreements that document the intentions, rights, and responsibilities of the intended parents and surrogate — including expenses, medical decisions, and provisions for unexpected circumstances.
After birth, intended parents must apply to BC Supreme Court for a parentage order or declaration. We guide you through this process and prepare the necessary materials for filing.
Surrogates are required to obtain independent legal advice before signing a surrogacy agreement. We provide ILA and issue the required certificate confirming the surrogate understands what they are agreeing to.
Intended parents should also obtain independent legal advice before entering into a surrogacy arrangement. We explain your rights and obligations under BC law so you can proceed with clarity.
If egg or sperm donors are involved in your arrangement, a donor agreement addresses parentage, anonymity, and related expectations — all before any medical procedures take place.
We explain how the Assisted Human Reproduction Act, the Family Law Act, and BC court practice apply to your specific situation — including what a surrogacy agreement can and cannot do.
Get started
Book a confidential consultation with a Vancouver family lawyer to discuss your surrogacy arrangement. We advise intended parents and surrogates on BC surrogacy law, draft comprehensive agreements, and assist with parentage order applications in BC Supreme Court.
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