Canada, Gestational carrier agreements, intended parents, re-conception parentage agreement, Surrogacy Law, Surrogate Parents

Impact of the All Families are Equal Act, 2016 for Surrogate Births

Source Lexology

The recent All Families Are Equal Act, 2016 (the “Act”) amends various existing pieces of legislation in connection with the goal of establishing new rules related to parentage (see the amendments here). For a general overview of the legislative changes brought about by the Act, please see our bulletin here.

Of importance to hospitals are the amendments to sections 9 to 11 of the Children’s Law Reform Act. Section 9 introduces the concept of a “pre-conception parentage agreement,” which allows potential parents to contractually define their parentage status. Sections 10 and 11 update Ontario laws to provide for surrogacy agreements, with a standard format allowing for up to four legal parents.

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