Surrogacy Lawyers in Vancouver and Surrey, BC

Our surrogacy lawyers in Vancouver and Surrey are very skilled and experienced at drafting and negotiating surrogacy agreements. In British Columbia, surrogacy agreements are agreements that discuss the rights and obligations between a surrogate and a couple or a single parent, who plans on having a child conceived by the surrogate. These agreements are often done prior to the child being conceived and often require independent legal advice. Surrogacy laws are governed by both federal and provincial legislation which are complicated.

Why Do People Use Surrogates?

Individuals or couples use surrogates for a variety of reasons including:

• Not being able to conceive a child;
• Having health issues that prevent being able to have a child;
• Risky health conditions which would make it preferable for someone else to carry the child; and
• Sexual orientation;

Who is a Surrogate in Vancouver?

A surrogate is a woman who voluntarily and willingly accepts to conceive and get pregnant with a child and who at the child’s birth, will generally give up all her parental rights. She will then provide the child to another person or couple to raise and be the new parents of the child.

In some rare situations, both the surrogate and the new parents can be parents to a child which means the child will have more than 2 parents. To have this situation happen, a clear and written agreement will need to be entered between the surrogate and the new parents prior to the birth of the child.

Who Should Enter a Surrogacy Agreement in Vancouver?

Commonly, the people who enter into a surrogacy agreement are:

1. A couple unable to get pregnant or conceive a child;
2. A gay or lesbian couple who want a child;
3. A single mother or father who wants to have a child;
4. Transgendered persons; and
5. A woman wishing to be a surrogate.

Why Get into a Surrogacy Agreement in Vancouver?

It is not really an option not to get a surrogacy agreement. It is mandatory to get into an agreement on surrogacy. Your choices are either to get into the agreement without proper legal advice or an agreement with proper legal advice.

The surrogacy agreement needs to talk about what happens before pregnancy, during and after pregnancy. It talks about who can consent and when consent can be withdrawn. It talks about many details such as the diet, behaviour, financial aid and other issues relating to the surrogate and the future parents.

Certain conditions need to be met under the Family Law Act. If you are thinking of getting into a surrogacy agreement that will guide the pregnancy, birth and care of the child before and after he/she is born, you need to make sure you protect your rights and obligations with the assistance of a surrogacy lawyer in Vancouver to avoid any pitfalls or disappointments in the future.

How to Get into a Surrogacy Agreement in Vancouver?

Our process in assisting the surrogate or the future parents relating to a surrogacy agreement in Vancouver is as follows:

1. First, we individually meet with the surrogate or the future parents. Note we can’t meet with both the surrogate and the future parents due to conflict of interest issues. It needs to be either or. Each side will need to have his/her own lawyers who give independent legal advice;
2. We find out about the specific facts of the situation and will ask numerous questions starting from the relationships, financial arrangements, preferences, arrangements during pregnancy and after, even presence at the birth of the child and how long after birth the child is to be handed over, care, arrangements, etc.
3. We provide our legal advice in how the agreement should be framed;
4. We draft a customized agreement tailored to your situation;
5. We provide the draft to the other lawyer or surrogate/future parents;
6. Agreement is negotiated and revised;
7. Agreement is executed by all parties; and
8. You are done.

The process usually takes between 2 weeks to 2 months depending on negotiations and the complexity of the matter.

What is Included in Surrogacy Agreements in Vancouver?

These agreements are usually a minimum of 30 pages long and are drafted from the ground up to capture every situation and challenge you may face. Usually, we focus on the following issues and lay them out clearly in the agreement so that there is no confusion or dispute:

1. Payment

Surrogates cannot be paid for surrogacy but they can be reimbursed for their reasonable costs. What costs are covered? They can include:

1. Rent;
2. Maternity leave;
3. Vitamins and supplements;
4. Doctor visits and medications;
5. Living allowance;
6. Utilities, car payments, phone, etc;
7. Pay in exchange for the loss of employment;
8. Who pays for the whole surrogacy and implanting the sperm process? What if there are extra costs or complications?
9. Who will pay for the negotiation and independent legal advice given to the surrogate?
10. Pay for the surrogates’ expenses after the child is born and for how long depending on the job and education of the surrogate, etc

2. Decision making

1. What happens if pregnancy complications arise? Who makes decisions relating to medical care and prescriptions?
2. Can the surrogate consume alcohol or drugs during pregnancy?
3. Can the surrogate drink coffee or use botox or colour her hair during pregnancy?
4. Can the surrogate travel during pregnancy?
5. Should the surrogate and the birth parents attend some or all the medical appointments together?
6. What if the doctor says abortion is necessary? Who makes that call? and much more.

3. Consent

1. Can the surrogate withdraw consent before, during or after pregnancy? Can we just say that consent can never be withdrawn?
2. What if the future parents no longer want to parent the child? What happens then?
3. What if the future parents die before the birth of the child? Who will take care of the child?
4. What if the surrogate parent dies at the time the child is born? Will the future parents become parents to the child or will the surrogate’s estate take over? and much more.

4. Care of the Child

1. When the child is born, who will be the guardians of the child? What if one or both of the future parents die?
2. Who will be able to make parental decisions relating to the child?
3. Who will have care of the child? Who will be the alternative caretaker?
4. Should the child have any contact or knowledge of the surrogate or have a relationship with her?
5. Who will pay for the expenses relating to the child including day-to-day, medical, school or other expenses? and much more.

How Much Do Surrogacy Agreements Cost in Vancouver?

Surrogacy agreements in Vancouver costs usually start from $5000 and can go up to around $8000 depending on the complexity of the situation. They are like insurance: you pay the upfront amount but in case you get into an ‘accident’ or disagreement over the terms of the surrogacy or the child, the agreement will come into effect to protect you.

You are encouraged to set up an initial consultation to understand your rights and obligations as future parents or a surrogate in BC by calling 604-974-9520 or getting in touch.