Providing clear legal guidance for surrogacy arrangements.
For individuals and couples embarking on the path of surrogacy to grow their family, having a legal agreement in place is important. These documents serve to clearly define legal parentage, detail roles and responsibilities of parents and the surrogate, and address elements like medical protocols and financial arrangements. Mincher Koeman provides experienced legal insight to navigate these agreements and ensure a secure foundation as you build your family.
A surrogacy agreement is a legally binding contract that outlines the rights and responsibilities of intended parents and a surrogate, establishing legal parentage and covering details surrounding the pregnancy and birth of the child.
When building your family through surrogacy, a clear legal agreement ensures security for everyone involved. At Mincher Koeman, we offer legal support throughout this process, providing:
From a legal standpoint, navigating surrogacy involves more than just a private agreement; it’s about ensuring compliance with provinical and federal laws while securing the legal parentage of the child.
The law strictly prohibits commercial surrogacy, meaning surrogates can only be reimbursed for approved expenses. Establishing parentage for the intended parents, whether they are genetically related to the child or not, requires specific legal steps, often involving pre-birth declarations.
Throughout Canada, including in Alberta, it is illegal to pay a surrogate mother for her services beyond reimbursement for approved expenses directly related to the surrogacy.
In Alberta, the legal parentage for intended parents in a surrogacy arrangement is established through a pre-conception surrogacy agreement and, typically, a post-birth court order.
In Alberta, a surrogate can be reimbursed for a specific list of expenses directly related to surrogacy, as outlined in federal legislation. This can include expenses for travel, medical care not covered by health insurance, fertility drugs, maternity clothes, and independent legal advice.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
