Adoption & Family Growth

Guidance for Growing Your Family

Growing your family is a journey filled with hope, anticipation, and sometimes complex legal requirements. Whether you’re adopting a child, working with a surrogate, or using assisted reproduction, the legal process can feel overwhelming. You need experienced lawyers who understand both the legal complexities and the emotional significance of building your family.

We’ve helped countless families navigate these processes successfully. Our team handles everything from drafting surrogacy agreements to finalizing adoptions, always with sensitivity to your unique situation. We work with intended parents, surrogates, donors, and adoption agencies across Nova Scotia, Canada, and internationally.

Adoption

Public, Private, International, and Step-parent

In Nova Scotia, the Child and Family Services Act governs all adoptions. Each type requires different procedures and timelines.

Public adoptions involve children in government care. Private adoptions include relative placements and step-parent adoptions, the most common being when a step-parent adopts their partner’s child. International adoptions require coordination with agencies and foreign governments. We prepare all legal documents, arrange court hearings, and present your case to the judge. Birth parents must consent unless their rights have been terminated, and children 12 or older must also consent.

Surrogacy Arrangements

Surrogacy covers many reproductive possibilities. Traditional surrogacy means the surrogate is biologically related to the child, while gestational surrogacy means she is not. The offspring may be genetically related to either or both intended parents, one parent, or neither.

The federal Assisted Human Reproduction Act governs surrogacy in Canada. We guide intended parents and surrogates through the legal requirements, ensuring everyone understands their rights and responsibilities. Our experience helps avoid complications and ensures smooth arrangements that protect all parties.

Surrogacy Agreements

Before proceeding with surrogacy, all parties and their spouses must sign a detailed agreement outlining the arrangements.

These legal contracts cover financial arrangements, medical procedures and decisions, expectations during pregnancy, delivery, and post-birth procedures, as well as contingency plans for unexpected situations. Each party needs independent legal advice to ensure the agreement is enforceable. We draft comprehensive agreements that protect the interests of all parties while ensuring compliance with federal and provincial laws.

Fertility & Assisted Reproduction

Many couples facing fertility challenges or same-sex couples build families through assisted reproduction. The legal landscape is complex and constantly evolving.

We assist with all legal aspects, including reviewing clinic agreements, addressing parentage issues before conception, coordinating with international clinics, and ensuring proper documentation. Our goal is to ensure your parental rights are properly established from the start, avoiding future complications.

Sperm/Egg/Embryo Donation Agreements

Whether using anonymous or known donors, proper legal agreements are essential. Known donor situations, in particular, require clear documentation to prevent future disputes.

Donation agreements establish that donors have no parental rights or responsibilities, intended parents are the legal parents, financial arrangements are clear, and privacy and contact expectations are defined. We ensure agreements comply with the Assisted Human Reproduction Act while protecting your family’s interests.

Confirming Parentage

After birth through surrogacy, the surrogate is initially named on the birth certificate as the mother. We fix this through a court application.

We apply to the Nova Scotia Supreme Court (Family Division) requesting a declaration that the intended parents are the legal parents. This involves preparing affidavits and supporting documents, obtaining consent from the surrogate, coordinating with Vital Statistics for birth registration, and assisting with passport applications if needed. For international intended parents, we coordinate with lawyers in your home country.