Fertility Law

WE UNDERSTAND FERTILITY LAW

More couples than ever before are seeking the assistance of fertility doctors and medical interventions such as invitro fertilization.

Crossroads Law Vancouver is excited to be able to provide surrogacy agreements and compassionate legal assistance in the area of fertility law.

For intended parents, Crossroads Law Vancouver will help you evaluate your options and protect your legal interests. We understand that you've faced many difficult challenges prior to meeting with us, and we will guide you through the rest of your journey to parenthood with compassion and care.

WHATEVER YOUR FAMILY NEEDS

At Crossroads Law, we are passionate about helping you grow your family and we are pleased to help heterosexual couples, LGBTQ couples and single individuals who want to have children through sperm donation, egg donation, and/or surrogacy. We are also fierce advocates for those engaged in conflicts over reproductive material such as frozen embryos or gametes.

Our Services:

  • Surrogacy agreements for parents and surrogates
  • Independent legal advice on Fertility Agreements for surrogates, donors, and intended parents
  • Advocacy and mediation for disputes over frozen embryos
  • Donor agreements: sperm, egg, and embryo
  • Court applications for child parentage

For surrogates and donors (sperm /egg /embryo), we will advise you and provide legal support as you help a family achieve their dream of having children. We recognize that this process can be life-changing and we will support your needs. For those with disputes about reproductive material, if you are faced with a dispute about the use of reproductive material, including frozen embryos or gametes, we can help you navigate through the legal complexities and decide on the best course of action.

The fertility lawyers at Crossroads Law would be delighted to meet with you, in person, or on the phone anywhere in British Columbia.

We offer a free half hour consultation on the phone or in person, for all B.C. fertility law matters.

Melissa Salfi, Vancouver Fertility Lawyer

Marcus Sixta, Vancouver & Calgary Fertility Lawyer


DONOR SPERM AGREEMENT – FAQ

What is Donor Insemination?

Donor insemination is a fertility procedure that involves transferring sperm obtained from a donor into a woman’s reproductive tract at the time of ovulation by means other than sexual intercourse. It is used to help achieve fertilization and ultimately increase the chance of pregnancy.

Who uses sperm donation?

Sperm donation is popular among lesbian couples, single women who choose to conceive with the help of a sperm donor, and heterosexual couples struggling with male infertility (e.g. a male partner who is sterile or has a low sperm court) or where the male partner is a carrier of a genetic disease or disorder.

What methods of Artificial Insemination are available?

  • Intrauterine Insemination (IUI) involves placing sperm directly inside a woman's uterus during ovulation. The sperm is washed and concentrated to facilitate fertilization and then deposited into the uterus using a catheter (a very thin flexible tube). Superovulation therapy is typically employed to stimulate the woman’s ovaries an increase the number of eggs available.

This is the most common form of artificial insemination, and is performed by a medical professional at a fertility clinic.

  • Intracervical insemination (ICI) involves placing unwashed sperm into or very close to the cervix during ovulation. From the cervix, the sperm swim up into the uterus and travel into the fallopian tubes where they can fertilize the woman's egg(s).

This fertility procedure can be performed in a medical setting or at home.

  • Intravaginal insemination (IVI) involves placing unwashed sperm into the vagina. This is most commonly performed as an at-home insemination.

These techniques are very different from In Vitro Fertilization (IVF) which involves
retrieving a woman’s eggs and fertilizing them in a laboratory setting, outside of the woman’s body. After fertilization, one or more of the embryos (fertilized eggs) are inserted into the woman’s uterus. IVF may use a couple’s own eggs and sperm, or donor eggs and sperm.

How do you obtain Donor Sperm?

Donor sperm can be donated by a known donor such as a friend or acquaintance, or from an anonymous donor through a sperm bank.

What is a Donor Agreement?

A Donor Agreement, also known as a Sperm Donor Agreement, is a binding contract between a sperm donor and an individual or a couple that sets out the parties’ intentions in anticipation of donation, including their legal rights and obligations. In its most basic form, it is a legal arrangement between a donor and a person wishing to be inseminated. However, the agreement can also be between the donor and donor’s spouse on the one hand, and the birth mother and co-parent on the other hand. It can also be between a donor and intended parents who are using a surrogate.

Why do I need a Donor Agreement?

Donor agreements protect the legal rights of all parties. If you choose a known donor instead of an anonymous donor, it is important to make sure you protect yourself with a Donor Agreement prior to donation.

A donor agreement allows you to be sure that the expectations around the conception, pregnancy and upbringing of the child are agreed upon by all parties and clearly articulated. This can for instance include the donor’s sexual activity, disclosure of medical history, medical testing, confidentiality and social media, relationship and contact with the child, and ownership and future use of any leftover frozen sperm.

It is very risky to use a boilerplate agreement from the internet as these templates are not tailored to your unique circumstances and do not take into account the legal developments in an area of law that is rapidly evolving. The agreement might therefore be incomplete, based on legal principles that are outdated, or include terms that do not apply to your case. There is also a risk that the agreement will not be enforced if challenged in Court if the agreement was not properly executed or if the parties did not obtain Independent Legal Advice.

The Fertility Lawyers at Crossroads Law can help ensure you are legally protected by setting out your intentions, legal rights and obligations in a comprehensive Donor Agreement.