Fertility Law Services

Fertility & Reproduction Law

Fertility law in Ontario covers the legal rights and responsibilities between intended parents, donors, surrogates, and any child conceived through assisted reproduction. Jillian provides clear, compassionate guidance to ensure every party is protected and informed.

Support in All Areas of Fertility & Reproduction Law

Drafting and reviewing surrogacy agreements for intended parents and surrogates

Providing independent legal advice before fertility treatments begin

Preparing egg, sperm, and embryo donation agreements that reflect each party’s intentions

Advising clinics and healthcare providers on consent and compliance

Securing parentage declarations and assisting with birth registration

Reviewing and negotiating fertility contracts to protect all parties involved

Our role is to ensure every party understands their rights, obligations, and the process ahead , helping build trust and reduce uncertainty.

Why Legal Support Matters for Fertility Agreements

Fertility journeys are deeply personal and often emotional.

Proper legal support ensures that everyone’s rights and intentions are clearly defined before treatment begins.


A strong agreement protects all parties by setting clear expectations around consent, expenses, and parental rights. It also helps clinics confirm that every participant has received independent legal advice, a key step required under Ontario law.


At Allen Law, we make the process straightforward and help you move forward with confidence and peace of mind.

Legal guidance in Ottawa

Here for very stage of your fertility journey

Donation Agreements

Fertility donations play an important role in helping families grow — but they also raise important legal questions about rights, responsibilities, and future relationships.

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    Egg, sperm, and embryo donations are governed by Canada’s Assisted Human Reproduction Act (AHRA) and Ontario family law. Under these laws, it’s illegal to pay or offer payment for donations, though donors can be reimbursed for approved expenses.


    A donation agreement outlines each party’s intentions — including whether the donor will have any future contact with the child and who will be recognized as the legal parent. These agreements are essential for avoiding misunderstandings and ensuring everyone’s rights are clearly protected.


    At Allen Law, we prepare, review, and negotiate donation agreements that meet legal standards and reflect each party’s expectations with care, clarity, and respect.

Surrogacy in Ontario

Surrogacy law in Ontario is complex and highly regulated, but when handled properly, it provides a safe, structured path to parenthood for both intended parents and surrogates.

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    Ontario is one of the few provinces in Canada where altruistic surrogacy is legal. That means a surrogate cannot be paid for carrying a child but can be reimbursed for approved expenses such as medical costs, travel, or maternity clothing.


    Before any medical procedures begin, both the intended parents and the surrogate must sign a surrogacy agreement and receive independent legal advice — a step required by fertility clinics and courts to recognize the arrangement.


    Once the child is born, the intended parents can apply for a Declaration of Parentage, confirming them as the child’s legal parents.


    At Allen Law, we ensure every agreement meets Ontario’s legal requirements, protects everyone’s intentions, and helps the process unfold smoothly from planning to parentage.

Parentage & Legal Advice

Establishing legal parentage is the final step in confirming your family’s story, it ensures that parental rights and responsibilities are securely in place from day one.

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    Ontario’s family laws recognize that families are created in many different ways. For children conceived through assisted reproduction, a court declaration of parentage formally confirms who the legal parents are and ensures that relationship is recognized in every area of life — from healthcare to education to inheritance.


    At Allen Law, we guide clients through the entire process, including preparing court materials and coordinating birth registration with ServiceOntario and Vital Statistics. Whether you’re an intended parent, donor, or surrogate, we provide clear, independent legal advice to ensure every party’s rights are respected and every child’s future is protected.

Common Questions

About Fertility Law in Ontario

  • Is surrogacy legal in Ontario?

    Yes. Surrogacy is legal in Ontario as long as it’s altruistic, meaning the surrogate can be reimbursed for approved expenses but not paid for carrying the pregnancy.

  • Why do I need a surrogacy agreement?

    A written agreement ensures that everyone’s rights, responsibilities, and intentions are clear before treatment begins. It’s also required by fertility clinics and the court to recognize the intended parents after birth.

  • When do intended parents become the legal parents?

    After the baby is born, the intended parents can apply to the court for a Declaration of Parentage, which legally confirms them as the child’s parents and allows them to be listed on the birth registration.

  • Can a surrogate or donor change their mind?

    Once legal agreements are signed and medical procedures begin, it’s extremely difficult to change the terms. Proper independent legal advice for all parties helps ensure full understanding and consent before moving forward.

  • Can a donor be paid in Ontario?

    No. Under the Assisted Human Reproduction Act (AHRA), paying or offering payment for egg, sperm, or embryo donations is prohibited. Donors can only be reimbursed for approved expenses.

  • Do donors have any parental rights or responsibilities?

    Typically, no. Donation agreements clearly state that donors are not legal parents and hold no parental obligations unless otherwise agreed upon in writing.

  • Do I need a lawyer if my clinic provides forms?

    Yes. Clinic forms don’t replace proper legal agreements. Fertility law requires that each party — intended parents, donors, and surrogates — receive independent legal advice to ensure the agreement is valid and enforceable.

  • How can Allen Law help?

    We provide clear, compassionate guidance at every stage — from drafting and reviewing agreements to obtaining court declarations. Our goal is to make the process straightforward, protect your rights, and help you move confidently into parenthood.

Have more questions?

Reach out to book a consult or get clarity on your next step.