Surrogacy law, egg donor law, sperm donor law, embryo donor law across Canada and legal parentage in Ontario For people looking to create or build their family through Assisted Reproductive Technologies (ARTs) or third party reproduction, a team of people is necessary. When building a family using donor sperm, eggs or embryos, and/or with the help of a surrogate mother or gestational carrier, a fertility lawyer is a critical part of this collaborative team.

  • A fertility lawyer can help you to navigate the murky waters of third party reproductive law in Canada by:
  • drafting and negotiating egg, sperm and embryo donor agreements;
  • drafting and negotiating surrogacy agreements;providing legal representation in frozen gamete or embryo “custody” disputes;
  • bringing an application for a declaration of parentage or second parent adoption; and – advocating on your behalf.

Michelle Flowerday, LL.B.

Michelle Flowerday is a fertility lawyer and the founder/owner of Flowerday Fertility Law in Toronto, Ontario. She is a passionate and tireless champion for couples facing infertility, for same-sex couples striving to start a family, for single people endeavouring to grow a family on their own, and for surrogates and ova, sperm, and embryo donors assisting in the family-building process.

Michelle’s expertise includes drafting and negotiating surrogacy, donor, and co-parenting agreements, making court applications for declarations of parentage and step-parent adoptions, and assisting with other legal matters related to third-party reproduction. She takes a collaborative and constructive approach to her files with a view to ensuring that her clients are fully protected while preserving the important relationships that will extend beyond the legal process. Michelle works with clients locally, nationally, and internationally.

Michelle is a frequent speaker at conferences on the topic of fertility and surrogacy law, is often looked to by the media as an expert in the field, provides legal advice to fertility clinics and hospitals on matters related to compliance with Canadian assisted human reproduction laws and regulations, and volunteers her time to advance important initiatives in the field of law and ethics related to third-party reproduction.

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Prior to her current role, Michelle was a partner at Dickson MacGregor Appell LLP, Canada’s largest all-women law firm, practising in the areas of fertility law and family law. She began her legal career at McCarthy Tétrault LLP, one of Canada’s largest law firms, gaining invaluable experience in the area of family law.
Michelle graduated with top honours from McGill University (BA, Honours Psychology) and Osgoode Hall Law School (LL.B), and was called to the Bar of Ontario in 2002. She is a member of the Ontario Bar Association, Canadian Fertility and Andrology Society, and Fertility Matters Canada, among others.

Carbert Waite LLP

Ellen Embury and Rachel West are Canada’s leading team in the area of surrogacy, egg donation and fertility law.

Ellen has been practicing as a surrogacy and fertility specialist in Canada for 16 years. She is a fellow of the American Academy of Adoption and Assisted Reproduction Attorneys. Rachel has been practicing with Ellen for 8 years.

Ellen and Rachel have helped thousands of couples and individuals of all backgrounds and sexual orientations to become parents. They work with intended parents, surrogates (gestational carriers), egg and sperm donors and also with physicians and clinics across Canada and the United States.

Ellen is regularly asked to lecture on surrogacy and fertility law across Canada and around the world. Ellen and Rachel prides themselves on delivering caring, cost effective services to all of their clients both domestically and internationally. They offer no cost consults as they want to be sure that you are comfortable with your third party assisted reproduction journey.

Sara R. Cohen, LL.B.

Sara is a caring, compassionate and effective fertility lawyer with Fertility Law Canada, based in Toronto, with clients throughout Canada and beyond.

She works exclusively in the area of fertility law, regularly acting for intended parents, surrogates, donors, cryobanks, hospitals, distributors and fertility clinics on a wide range of fertility law issues. She sits as a director of the Canadian Fertility and Andrology Society and is immediate president of Fertility Matters Canada. She is also a Fellow of the American Academy of Assisted Reproductive Technology Attorneys.

She loves what she does, and it shows! Read what former clients had to say at