Navigating Fertility & TTC Challenges in Canada: Expert Advice From a Fertility Lawyer
My Story: How a Fertility Lawyer Supported My TTC Journey
I went to law school with and incredibly self-assured, and intelligent woman who I happen to have gone to high school with. When I ran into Rachel West on my first day of law school, I knew she would make my law school experience more comfortable and considerably more fun. Rachel was already in third year law school when I entered my first year. By the time I graduated law school Rachel had been in Calgary at a big law firm since her articling year.
I only saw Rachel once every few years as life got busy. I graduated, practiced law in Saskatchewan, Vancouver, and then landed in Edmonton where I met and married my husband Greg. I knew that Rachel had a diverse legal practice which included work with families who were having fertility issues.
After years of trying to conceive (TTC) our second child, I had run out of ideas and options. Adoption wasn’t aligned for our family. I considered whether maybe we might need a surrogate. I called Rachel in hopes of learning more about surrogacy and figuring out whether it was an option for us. While we didn’t end up needing a surrogate, I was blown away by the wealth of knowledge Rachel had about fertility and the resources out there for women. I wished I had called her earlier.
I thought – what about all of the women who don’t happen to have a friend who happens to be a fertility lawyer? What do they do?
So, I asked Rachel a series of questions hoping that her answers may help you on your fertility journey. Here are her answers.
When Should You Hire a Fertility Lawyer in Canada?
When in their fertility journey would someone hire you or potentially need legal services?
The best time to speak with a fertility lawyer is when you start considering what we can “third party reproduction” – this means when you consider involving a third person into your fertility process, either through egg, sperm, or embryo donation, or through surrogacy. It is important to speak with someone with experience who can guide you through all the possible options. At Embury & West LLP, we offer free consultations so that you have the ability to speak with a fertility lawyer early on to understand the legal landscape.
Common Challenges People Face During Their Fertility Journey
In your practice, what do you see is the biggest challenge your clients face?
Misinformation – individuals and couples struggling with fertility often seek information online first. So much of the information that is online is incorrect, out of date, or coming from the USA (which is not helpful for Canadians). Once clients have correct and up-to-date information, the biggest challenge is finding the right donor or surrogate. Lawyers can introduce you to agencies and other organizations that can assist with this challenge. We can overcome anything when we have the right information and the right team.
What Needs to Change in Canada’s TTC & Fertility Landscape?
If there was one thing you would change about the current fertility landscape in Canada, what would it be?
I would love to see more government support / more accessible support for the financial burdens that intended parents face. It would also be wonderful to see Canada move to a model where surrogates and donors can be compensated (paid) for their participation, but I think that is very unlikely in Canada.
New Medical & Legal Developments in Fertility
In your profession you seem to be at the cutting edge of some new developments, what exciting things are you currently seeing?
There are so many wonderful medical developments – both in protocols, and in managing genetic disorders (gene snipping as an example). The legal developments are a little less exciting, but we are seeing progress in various provinces with the simplification of recognizing parentage for birth certificates.
DIY vs Agency: Approaches to Third-Party Reproduction
You have a great analogy about the different ways people can approach their fertility journey, can you share that analogy/framework?
Yes! There are lots of different ways that individuals and couples can approach third party reproduction. I describe it like a building project or renovation — you can DIY or hire a general contractor. Both ways can get you to the end goal, but one takes more time and energy from you, and the other may cost you more money.
DIY Approach to Fertility & Surrogacy
a. DIY – this is where you do all the organizational work yourself. You find your donor or surrogate and pick the lawyers yourself. In the DIY approach, you would be responsible for moving the project forward and organizing communication between the clinic, lawyers, etc. This approach can be time consuming, and stressful, but may reduce costs. Having a lawyer involved early on can assist in clarifying the steps and keeping things moving.
Hiring an Agency (The General Contractor Model)
b. General Contractor – this is where you decide to hire an agency to manage the process for you. They will help you find a donor / surrogate, guide you through the process, and ensure that all your team members (lawyers, clinics, donor, surrogate) are moving efficiency through the process. This will cost additional funds, but will greatly reduce your time investment and stress.
Surrogacy in Canada: What’s Legal and How the Process Works
Surrogacy and egg / sperm / embryo donation in Canada is legal and a common solution for individuals and couples who are struggling with fertility. In our practice, we see hundreds of egg donation agreements every year. In Alberta, we see around 100 surrogacy births per year, with hundreds more throughout the country.
The Surrogacy Process in Canada
If you require the assistance of a surrogate to build or expand your family, the process looks like this:
a. Find your donor or surrogate (either through an agency, or through your family / social circle);
b. Ensure that all parties are medically screened by the fertility clinic and approved to proceed;
c. Have your lawyer draft the legal contract;
d. The donor / surrogate will then review the contract with their lawyer – some negotiation may occur;
e. Once the contract is signed, the lawyers will inform the clinic that they can proceed with the donation / embryo transfer;
f. Donation – the donation will then occur and once the medical procedure is complete, you will have all rights to determine what happens with the eggs / embryos created;
g. Surrogacy – Once your surrogate is pregnant, we will start preparing for the post-birth paperwork;
h. Surrogacy – Once your baby is born, it will take about 10 days to get a birth certificate listing you and your partner as the only parents on the birth certificate.
Sperm Donation in Canada
For sperm donation, you do not need to involve a clinic. You can engage in home insemination, but a contract is still recommended to establish legal parentage and rights.
Fertility Options Beyond In-Vitro Fertilization (IVF) in Canada
Most fertility journeys start the same: You start TTC, you can’t seem to get pregnant, you see your family doctor, they refer you to a fertility clinic, then you start the IVF process. What other options/resources are there out there for people that they may not even be aware of?
So many creative options are available, depending on the fertility issues you are experiencing. If the issue is egg or sperm quality, you can create embryos using donor eggs / sperm, and carry the child yourself. If you cannot carry a child, we can work with a surrogate to assist. If more than one issue is present, we can create embryos using donor gametes, and use a surrogate.
Please note that you do not need a medical reason to use a donor or a surrogate – some clinics seem to say this, but it is absolutely false. You also are not required to try IVF yourself before turning to one of the options above. Again, please speak with a lawyer about any information you receive (whether online or from a clinic) to ensure the accuracy and legality of the advice you receive.
Why I Coach Women Through Fertility
Fertility is never just about fertility. It’s about healing, trust, and returning home to yourself.
My coaching work exists because I know what it’s like to feel lost, exhausted, and unsure what’s next, and I also know how powerful it feels when you realize you’re not alone, and that there’s still so much within your control.
If you’re ready to reconnect with your body, your intuition, and your power as you move through your own fertility journey, I’d love to walk alongside you.
Explore Possibility: Let’s work together.
If you’re curious about holistic fertility coaching and how it can support you, I invite you to explore what’s possible through working together. Whether you’re seeking clarity, emotional balance, or a deeper sense of connection on your fertility journey, you don’t have to navigate it alone.
Let’s explore what’s possible for you, together.
🌸 Explore 1-1 Coaching →
🌸 Explore Group Coaching →
🌸 Learn More About Justine →
🌸 Book a Free 30-Minute Clarity Call →
🌸 Contact me for more information →
Justine Lapointe is a Fertility Coach in Edmonton, Alberta, helping women experiencing infertility find clarity, balance, and hope on their conception journey. Offering holistic fertility coaching online and in-person across the Edmonton area.
