Assisted Reproduction, IVF and Surrogacy Agreements in BC

Embarking on the journey of assisted reproduction, whether it’s through surrogacy or in vitro fertilization (IVF), is a deeply personal and often complex process.

In British Columbia (BC), individuals and couples exploring these paths to parenthood encounter a ton of legal and ethical considerations.  Central to this landscape are Surrogacy Agreements in BC and Donor Agreements—cornerstones that provide clarity, protection, and guidance throughout the intricate web of assisted reproduction. In this blog, we’ll answer some of the questions we get about these agreements.

What is IVF?

In-vitro fertilization, commonly known as IVF, is a form of assisted reproduction involving a medical procedure where an egg is fertilized by sperm outside of the body.

In BC, assisted reproduction is provincially regulated under the Family Law Act and federally regulated under the Assisted Human Reproduction Act. The Family Law Act determinates parentage in circumstances where a child is born through assisted reproduction.

On February 22, 2024, the BC Government announced that it will pay for one cycle of in-vitro fertilization (IVF) starting on April 1, 2025. Generally, one cycle of IVF in BC can cost between $15,000 to $20,000.

To find out more, click here.

Who could benefit from a Surrogacy Agreement in BC?

Many individuals / couples wanting to start a family could benefit from IVF in BC such as:

• Couples struggling with fertility
• Same sex couples
• Those planning to use donor eggs or donor sperm
• Those planning to have a surrogate carry the baby

In the later scenarios, it is recommended that intending parents, donors and surrogates consult with a fertility lawyer about egg doner agreements, sperm donation agreements, and surrogacy agreements.

Is an Surrogacy Agreement in BC necessary when using donor eggs or donor sperm?

It is beneficial to have an agreement before starting IVF in BC to clarify what role each person will or will not have after the child is born. Generally, donor agreements will outline donor conduct, medical evaluation, medical expectations, and parental rights.

How can a Donor Agreement help me?

Section 24 of the Family Law Act provides that a donor is not a parent of a child born through assisted reproduction by reason of the donation alone. A donor agreement would further clarify and confirm parental rights.

Is an Surrogacy Agreement necessary when using a Surrogate?

The Family Law Act requires a written agreement between a potential surrogate and the intended parent(s). Generally, surrogacy agreements will outline what happens before pregnancy, during and after pregnancy, consent and when consent can be withdrawn, medical evaluation / expectations, conduct, financial aid, parental rights, and other issues.

Is a Surrogate considered a Parent if I have a Surrogacy Agreement in BC?

Provided there is a pre-conception surrogacy agreement that states:

1. the potential surrogate will not be a parent of the child,
2. the surrogate will surrender the child to the intended parent(s), and
3. the intended parent(s) will be the child’s parent(s)

then, an intended parent of a child born through IVF in BC is the child’s parent, if all the following conditions are met:

• Before the child is conceived, no party to the agreement withdraws from the agreement, and
• After the child’s birth, the surrogate gives written consent to surrender the child to the intended parent and the intended parent take the child into their care.

What services can a Fertility Lawyer provide?

A Fertility Lawyer can assist with:

• Donor agreements (sperm and egg agreements)
• Surrogacy agreements
• Providing Independent legal advice
• Obtaining Orders declaring parentage

As the landscape of assisted reproduction continues to evolve, it’s crucial to recognize the significance of these agreements in safeguarding the rights and interests of everyone involved in the journey.  Our lawyers have years of experience dealing with the complexities and legalities of assisted reproduction.  Contact us today if you have any questions.