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Family Law

Fertility law 101: Key concepts and terminology explained

Feb 12th, 2024

By Carolyn Booth and Charlotte Oger-Chambonnet

Fertility law is a new and emerging area of law governing the rights and obligations involved in expanding one’s family.

Fertility law addresses the needs of those who wish to build their families with the use of assisted-reproductive technologies (also known as ARTs).

ARTs include any technologies that involve the use of genetic material, such as the ova (egg cells), sperm, or embryo, with the ultimate goal of having a child.

Persons who would use such treatments fall into one of the following categories of people wanting to become parents:

  • Persons with issues related to fertility;
  • Same sex couples;
  • Single individuals (not in a couple).

What does a fertility lawyer do?

  • Accompany intended parents through the various administrative and/or judicial steps involved;
  • Draft parental project contracts:
    • Sperm donor agreement;
    • Egg donor agreement;
    • Surrogacy agreement;
  • Provide independent legal advice for the donor, recipient, surrogate, intended parent(s);
  • Representation in the event of litigation.

Please contact Carolyn Booth and Charlotte Oger-Chambonnet for your questions related to fertility law.