Agreements and Contracts

A surrogacy Agreement outlines the basis of the relationship between intended parents and the surrogate.

The Surrogacy Agreement sets out, among other things:

• Reimbursement

• Travel

• Communication

• Appointments

• Parental Rights

• Death of Surrogate

 

Upon retaining our legal services, we will not only draft or review your Surrogacy Agreement, we also provide, for NO additional charge:

1. An additional FIVE (5) hours for you to discuss matters the entire journey up to birth and three weeks after.

2. Communication with the Agency or Intended parent/s (if you are a Surrogate) or Surrogate's Lawyer (if you're an intended parent) on your behalf until baby is born and up to Three (3) weeks after.

​

3. On call for communication with your healthcare team.

​

​

SURROGACY FAQS

​

Is a Surrogacy Agreement enforceable?

A surrogacy Agreement is unenforceable by law. However, without such agreement surrogacy itself may not be possible by operation since this document is needed in most instances for a successful surrogacy journey.

Do I need a Surrogacy Agreement?

In practice most, fertility clinics in Ontario will not perform an embryo transfer where a surrogate is being used, with out a letter from a Lawyer which states that both parties entered into a Surrogacy Agreement and that the Surrogate received Independent legal Advice.

​

Aside from a Surrogacy Agreement do I need any other document as a Surrogate?

Yes. It is useful to have a Will drafted. you may also opt to have a Birth plan drafted. We may assist with the drafting and review of both.

​

Why do I need a Will as a surrogate?
 
Yes you will need a will as a surrogate. The purpose of the Will is for estate purposes. While the surrogacy Agreement will declare that you are not a parent. legislation dictates that the surrogate has parenting responsibilities up to seven days after giving birth to the baby. In the unfortunate eventuality of death, a will declaring that the child born to the surrogate is not a child of the surrogate mother could remove the presumption at law that the child is indeed a "child of the Surrogate mother for succession purposes.

​

​

Why do I need a Birth Plan? 

A Birth Plan is a formal way of communicating your wishes to the hospital in advance of delivery. A birth plan submitted early to your medical team, gives you the opportunity to discuss with your healthcare team, their allowances, and policy regarding Surrogacy Birth.

We usually prepare a birth plan which outline the details of per se:

Who the Surrogate want to be present in the delivery room,

Her role as a Substituted Caregiver

Aftercare

You can call us to discuss the details of your birth plan