Family Building

Assisted Reproduction

If you are looking to build your family through assisted reproduction with a known donor, one of our lawyers can assist you in drafting and negotiating agreements regarding the donation and use of egg (ova), sperm, and embryo, whether you are the intended parents or the donor.

It is legal to donate reproductive materials in Canada and Alberta. However, there are a number of restrictions, for example it is illegal to purchase reproductive materials and in Alberta a donation cannot be made through sex. Egg donation agreements must be entered into prior to a clinic retrieval taking place.

Where a known donor is involved, it is important for all parties to obtain independent legal advice and enter into a donation agreement prior to the donation taking place. In Alberta, our Family Law Act defines who is a parent and specifies that a donor is not a parent. Having a donation agreement in place will be the best evidence as to the intention of all parties prior to the conception of the child. The donation agreement will also clarify the expectations, roles, and responsibilities of all parties well in advance of the child being born.

We can also assist in litigation of disputes over frozen gamete or embryo.

Adoptions

Our lawyers at Bruyer & Mackay have significant experience in assisting families who are applying for adoption or who are considering adoption. Our lawyers can walk you through the process of considering adoption (either during pregnancy or after birth), applying for adoption, or representing you in a contested adoption. We represent birth parents, intended parents, “ward adoptions”, and second or step-parents wishing to adopt.

Inclusive Representation

We welcome the opportunity to help all clients in building their families. In particular, we understand the processes facing the LGBTQ community are unique and complex, and our lawyers are skilled at assisting those clients identifying as LGBTQ.