Surrogacy Law

Surrogacy is when a woman uses assisted reproduction (like artificial insemination or implantation of an embryo) to have a child for someone else. She is called the surrogate.

For the intended parent(s) to become the legal parent(s) in a surrogacy arrangement, the following conditions must be met.

• Before conception, the surrogate and the intended parent(s) make an written agreement that says:
  • the surrogate won't be the parent of the child,
  • the surrogate will give up the child to the intended parent(s), and
  • the intended parent(s) will be the child’s parent(s)
• After the child is born, the intended parents will be the parents as long as:
• before the child was born, no one withdraws their consent.
• after the child is born, the surrogate gives written consent to give up the child and the intended parents take the child into their care.

This means that the surrogate and intended parent(s) have to come to an agreement before conception and then again after the child's birth. Courts won't enforce an agreement made before conception, although the courts will consider it as evidence of what the parties intended if a dispute arises.

At Deborah Todd Law we have the skills and experience to assist you through the entire surrogacy process. From preparing contracts and agreements, to following through with proper adoption paperwork once the child is born, we will help make the surrogacy process go smoothly from the legal perspective. Contact Deborah Todd Law in Victoria, BC today with any questions or concerns that you have.