Having a properly drafted agreement, such as a surrogacy agreement, ova donation agreement, sperm donation agreement, or embryo donation agreement, is essential for several reasons:
Demonstrates Preconception Intentions: It shows the court the Intended Parentage of the child, clarifying who you and the other parties intend to be the child's parents after birth.
Provides Mutual Understanding of Rights and Obligations: The agreement ensures that all parties are aware of the rights and responsibilities they have either waived or assumed throughout the process.
Addresses Difficult Questions: The agreement prompts you and the other parties to consider critical issues, including:
The exchange of birth information.
Future contact between the child and the Donor or Surrogate.
Decisions about medical procedures (e.g., amniocentesis or chorionic villus sampling).
Circumstances under which abortion or termination of pregnancy may be requested or agreed upon by you or the Surrogate.
Protects Against Duress or Undue Influence: Lawyers will ensure that all parties are entering the agreement voluntarily by asking questions that confirm no pressure or coercion is involved.
Required by Fertility Clinics: Most fertility clinics will not proceed with medical procedures, such as ova retrieval from the Donor or embryo transfer to the Surrogate, without receiving a legal clearance letter from your lawyer.
Ensures Compliance with Canadian Legislation and Regulations: The agreement helps ensure that all parties comply with the Assisted Human Reproduction Act, S.C. 2004, c. 2 (Can.) and the Reimbursement Related to Assisted Human Reproduction Regulations, SOR/2019-193.