LGBTQ2IA+ individuals using third-party reproduction to build their families must navigate the field of Canadian fertility law. Below, we explain the benefits of fertility lawyers in protecting your rights as an intended parent and highlight some common legal difficulties you may encounter along your journey.
LGBTQ2IA+ family building doesn’t come with the blueprints many heterosexual couples have when planning their journey. It can feel overwhelming to navigate the field of infertility when a significant amount of the available information is directed at an idea of family-building that doesn’t align with your goals.
In addition to the fertility field, LGBTQ2IA+ patients looking to incorporate third-party methods, such as donors or surrogates, must also learn to navigate the field of fertility law. At Anova, we want to ensure that all intended parents looking to build their families understand all aspects of using third-party programs and can enter their journeys feeling empowered and informed.
Navigating Canadian Fertility Law
Laws surrounding reproduction and parental rights in Canada can sometimes be challenging to navigate. Same-sex couples who wish to grow their families by using donor eggs, sperm, or a surrogate will need to seek a fertility lawyer to handle the legal aspects. These lawyers will draft agreements outlining the terms of the donation, such as parental rights and the legal obligations of the donor.
While finding an infertility lawyer is an extra step in the family-building journey, it is essential to ensure that the family, donor, and surrogate are all on the same page about the terms of donation or surrogacy.
LGBTQ2IA+ individuals growing their families through surrogacy can sometimes face challenges with parental rights after their baby’s birth, depending on the country in which they are born. In the past, the person giving birth to the baby was automatically considered the child’s parent. However, with surrogacy, this is not the case. Individuals having children through surrogates would then have to obtain a Declaration of Parentage to have parental rights transferred.
Now, Canada has implemented the All Families Are Equal Act, which does not assume that the person giving birth is the parent and no longer requires them to get this declaration certificate. However, this may not be the case for all countries, and some may still need to get a Declaration of Parentage to return home with their baby.
Family Building: The Anova Way
At Anova Fertility & Reproductive Health, one of our core values is creating an inclusive environment for individuals to build their families. Our role is to facilitate a smooth experience for patients of all genders and sexual orientations.
It is essential to choose a fertility team experienced in LGBTQ2IA+ family building. One that is well-versed in the many ways to grow a family, allows flexibility in planning your fertility journey, and understands the emotional aspects of building a family.
As an Anova patient looking to build your family through our third-party program, we will thoroughly outline every step of the process. Along your journey, we will connect you with a fertility lawyer to draft your donation or surrogacy agreement and ensure your rights as an intended parent are protected.
If you have questions about family-building options for LGBTQ2IA+ individuals, please reach out to us at firstname.lastname@example.org .
Chloe Graham (she/her)
Master's Student (University of Guelph, Biomedical Sciences)
About the author
Chloe is a Masters Student in Biomedical Sciences at the University of Guelph, who also works as a patient coordinator at Anova Fertility.
At Anova, she educates patients through creating online resources, manages patient flow and assists with administrative functions. Before joining our team, Chloe advocated for women’s health and reproductive rights as an executive member of Oxfam at Guelph, local branch of the international anti-poverty organization.
We have now reopened and are booking appointments with new COVID-19 protocols in place:
Please call us for more information or to book an appointment