assisted Human reproduction

Fertility in Canada

Fertility trends in Canada have changed profoundly over the past four decades.   This has had a profound impact on Canadian families.  Total fertility rates have been declining.  As a result of these trends, couples are increasingly turning to assisted reproductive technologies to assist them in achieving pregnancy.   

Assisted reproductive technologies are basically any medical intervention for purpose of achieving a birth, including a method of causing a pregnancy through a means other than sexual intercourse.  The result of these technologies is that now the birth of a child may include multiple participants:  the intended parents, the birth mother, the genetic mother and the genetic father.

The advent of these technologies has been of great assistance to families facing infertility issues, single parents and gay/lesbian couples.  While the procedures have been available since approximately 1950, law reform in the area has been slow.  The area was unregulated in Canada until 2004.  Unlike the U.S. which has a relatively cohesive body of case law, Canada has few cases dealing with ART legal issues.

Surrogacy and Gestational Carriage Agreements

Egg donation, sperm donation and surrogacy is completely legal in Canada, although there are prohibitions on payment and what expenses can be paid is to be regulated.    Paying consideration to a surrogate mother or paying another person to arrange for the services of a surrogate is now prohibited.    Purchases of gametes (sperm or ova) or embryos is also prohibited.  

It is important to have a donor contract or surrogacy agreement to set out all the rights and responsibilities of the parties.  All of the terms of these contracts may not be enforceable but they are important to clarify everyone’s expectations and to be evidence of intention in the event of a later disagreement.

We can assist you in all aspects of contract negotiation and preparation.  We have particular expertise in third party reproduction issues.  We regularly assist parents in birth registration, adoption and declarations of parentage after children are born.  We can insure that the intended parents are legally and officially the parents on all birth registration documents.  

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skills, understanding and experience

Kelly Jordan has extensive skills and expertise in all areas of family law. She has a reputation for her abilities as a tough advocate for challenging cases but also for her abilities to maintain and pursue fairness by way of mediation and alternate dispute resolution

If you are seeking solid experience of a lawyer who is both understanding and skilled, contact Kelly or her law clerk Liz to set up an appointment.

Kelly recently contributed
a chapter on family property
rights for cohabitants
to the newest publication
on Ontario family property law..
To order a copy of this text,
click below.

Property Rights and Obligations Under Ontario Family Law


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Testimonials

"Kelly Jordan is highly skilled in her specialized area of reproductive law. Having working in the field of third party reproduction for over 20 years, it is essential to my business that I refer clients to lawyers who are as empathetic as they are qualified. Kelly Jordan and the members of her firm are such people. Her work is a wonderful compliment to the services I provide and the feedback I receive from clients I have referred to her, has always been very positive. Whether a client needs a contract drafted or a legal declaration done, I am always confident services will be provided in a timely manner and with the utmost skill and compassion. I am pleased to work with Jordan Battista and would not hesitate in sending my clients to her.

Joanne Wright, President, Canadian Surrogacy Options

Just a quick note to say thank you. I know we had a few battles along the way but I have to credit you and your office for managing my file in a professional, expedient and economically beneficial manner. Your personal, yet matter of fact way of approaching a very difficult situation was quite outstanding and progressive. Though I would never want to find myself in a similar situation, it good to know your firm is only a phone call away.

I.W., A Family Law Client

"For being the past Chair of the family law section of the CBA. I am impressed with all the work you do for the profession. ”

A Family Law Colleague

"Thank you for your expertise, guidance and support over the past couple of years. It is such a relief to have this issue behind me."

J.D., A Family Law Client