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March 17th, 2017

  

 
At this time last year we were letting you know that March 9th, 2016 was the World's Get Over It Day. Well, to continue in that vein, we thought we would advise you that on March 20th, the world will be celebrating the International Day of Happiness!  Yes, March 20th will be a day to be happy, regardless of the unfortunate circumstances in which you may find yourself at this time.  Take a moment to celebrate all the things that make you happy today (like your children maybe?) and, if this proves to be an impossible task, be happy about the fact that it can't get any worst and that at this time next year things will necessarily be better...
 
En mars l'an dernier nous vous avisions du fait que le 9 mars 2016 était la journée internationale « Passe à autre chose ».  Et bien cette année, pour continuer dans la même veine, nous avons pensé vous laisser savoir que le 20 mars prochain, le monde entier célébrera la journée internationale du bonheur!  Et oui, le 20 mars sera un jour pour être heureux, peu importe les circonstances difficiles dans lesquelles vous pouvez vous trouver présentement.  Prenez un moment pour célébrer toutes les choses qui vous procurent du bonheur (comme vos enfants peut-être?) et, si ceci s'avère impossible, soyez heureux du fait que les choses ne peuvent que s'améliorer à partir d'ici et que l'an prochain à même date les choses seront nécessairement meilleures...





Yours truly,
Julie & Josée

 
 






How can you help your children accept your divorce? - 10 helpful tips


As a parent, you are devastated by the divorce process, you are afraid of the unknown and you don't know who you should trust anymore.  These feelings are no different for your children.  Children know and sense that something is wrong no matter what their age is.  They are scared, sometimes they feel that their parents are separating because of them, and sometimes they are stressed by the unknown that lies ahead.  Many professionals have studied kids' behaviour post-separation and there is very good advice out there telling parents what to do to help them go through this difficult experience as smoothly as possible


The Family Law in a Box Team

How does a surrogacy agreement work?



Almost one in six couples in Canada will have infertility issues when trying to start a family.  Fertility law is an emerging branch of family law.  Family lawyers can assist clients with fertility law by drafting Sperm Donor Contracts and Surrogacy Agreements.  In a Sperm Donor Contract a male agrees to provide another couple with semen to allow them to conceive a child.  In a Surrogacy Agreement, a female agrees to bear and give birth to another couple's child (usually conceived "in vitro").  For obvious reasons, surrogacy agreements can have far more implications for the "donor".

Agreeing to become a surrogate mother has ramifications on all aspects of a woman's life.  For anyone having had a child, which is required by fertility clinics if a person wants to become a surrogate, a pregnancy can have short term and long term effects on one's body, emotions and life in general.  While becoming a surrogate is a wonderful gift a person can give another, there are legal, personal and medical considerations to think about. A fertility clinic will guide the surrogate in this process and has a strict screening process including a medical screening and a psychological assessment.  Further, the procedure itself will not commence without the parties having negotiated and concluded a Surrogacy Agreement.

A Surrogacy Agreement is a contract concluded between at least 2 parties whereby a woman (the gestational carrier) agrees to be implanted with an embryo and to carry a child for the purpose of surrendering custody of the child/ren upon birth.  The genetic parents are also parties to the Agreement as is the spouse of the gestational carrier. 

The contract is quite detailed as it lists the procedure (who's ovum and sperm will be used), how many implantations will be carried out, how many ovums will be implanted at the same time, what happens if there are complications with the pregnancy, what happens if there are multiple births, etc.. .  Another topic that is often discussed and agreed to in writing is what the surrogate can and can't do during the pregnancy including drinking coffee; smoking and even having sexual relations before and during the pregnancy.

The contract will also contain a release of the surrogate's parental rights toward the child/ren and obligation to pay child support.   It is important to note that this aspect of the contract has not been tested before Canadian courts yet, and may not be enforceable.

The biggest misconception surrounding the surrogacy process is the payment for the service.  It is believed that a surrogate can be compensated for her role.  However, it is not permitted in Canada to pay a woman for the surrogacy.  The law clearly sets out that no person can purchase any reproductive material in Canada such as sperm, ovum, embryos or gametes.  This also extends to surrogates.  The surrogate can only be reimbursed for expenses which are supported by receipts such as for clothing, special diet, medical expenses, transportation costs, etc...

Should you have any questions about fertility law, contact one of our qualified family lawyers. 


Mimi Marrello - ALT Divorce

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