Family Law
#14 - Assisted Human Reproduction
Standard
A lawyer must not accept consideration for arranging the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.¹
REFERENCE MATERIALS
Notes:
1. Assisted Human Reproduction Act, S.C. 2004, c. 2, s. 6(2).
Any violation of this section, by anyone, is an offence and is subject to a fine of up to $500,000 and to imprisonment for a term not exceeding 10 years. See Section 60.
Related Legislation
Birth Registration Regulations made under Section 51 of the Vital Statistics Act, R.S.N.S. 1989, c. 494, N.S. Reg. 390/2007.
United Nations Convention on the Rights of Children, Article 7.
ARTICLES AND BOOKS
Rivard, Glenn and Hunter, Judy / The Law of Assisted Human Reproduction -- Markham: Buttersworth, 2005. [KB 93 R618 2005] Available through the NSBS Library & Information Services.
Burns, Clare E., “Future Child’s Rights in New Productive Technology: Thinking Outside the Tube,” National Family Law Conference, July 2006.
Canada. Royal Commission on New Reproductive Technologies. Proceed With Care: Final Report of the Royal Commission on New Reproductive Technologies (Ottawa: Minister of Government Services Canada, 1993).
Chipeur, Gerald and Chipeur, Stephanie / COMMENTARY: Updated approach needed on reproductive technology law (September 21, 2007) in Lawyer’s Weekly
Kahn, Lawrence, “Assisted Human Reproduction”, National Family Law Conference, July 2010.
Raphanel, Gayle, "Assisted Human Reproduction and the Courts", National Family Law Conference, July 2010.
See also: Canadian Bar Association, September 2007, Reimbursement of Expenditures under the Assisted Human Reproduction Act.
See also: Health Canada, Reimbursement of Expenditures under the Assisted Human Reproduction Act: Public Consultation Document.
Approved by Council on January 20, 2012