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Navigating new beginnings

Formalize relationships and build your family.

There are many ways to create and grow a family. Whether you want to formalize relationships as a blended family through adoption or are navigating assisted reproduction options, we can help you understand the legal aspects of your choices and complete the necessary applications and agreements.

How family formation services work

We will meet with you to discuss your family’s circumstances and needs.
We will help you understand your legal rights and obligations and discuss the options for formalizing your family relationships.
When appropriate, we will collaborate with others involved, including birth parents, intended parents, grandparents and extended family, adult children, surrogates, donors, or child services agencies to develop a plan.
We will help you navigate the adoption, guardianship, or third-party reproduction process.

Are family formation services right for you?

Individuals and couples navigating the following circumstances benefit from legal assistance:

Guardianship applications
Adoption applications
Sperm or egg donation agreements
Surrogacy or gestational agreements

Frequently Asked Questions About Family Formation

What is the difference between adoption and guardianship?

Guardianship gives a caregiver legal rights and obligations of a parent, but unless the guardianship order specifies, the parents’ rights and obligations don’t change. When a person adopts a child, they are the legal parent of the child as if that child was born to them and the rights and obligations of the birth parent are terminated. Adoptions are permanent, whereas guardianships can be changed.

What are the different types of adoption in Manitoba?

Adoption of a child and family services agency
Private adoption where the birth mother places the child privately or through an agency.
De facto adoption where the child being adopted has lived with and been in the care of the person(s) applying for at least two years prior to the application.
Extended family adoption where the adopting person is a family member
Adoption by a spouse or common-law partner
Adult adoption where a person over 18 years of age is adopted by another adult.

What is surrogacy?

Surrogacy is a type of third-party assisted reproduction method in which a person with a uterus volunteers to gestate, carry, and give birth to a child on behalf of the intended parent or parents. The intended parents may or may not have a genetic link to the child.

Is surrogacy legal in Canada?

Surrogacy is legal under the governance of the Assisted Human Reproduction Act and Regulations.

Can a surrogate be paid in Canada?

No, a person cannot pay another for the act of being a surrogate. The intended parents can only reimburse the surrogate for out-of-pocket expenses reasonably related to the surrogacy.

If everyone involved in the surrogacy is consenting, can we use one lawyer for the agreement?

Although you are all consenting, each person or couple must have their own lawyer as laid out in The Family Law Act, which governs legal parentage in Manitoba (who is and is not a parent under law). In our experience, many fertilities clinics also require all the parties to have independent legal advice before any procedures. Because of the nature of such agreements, it is always best to have independent legal advice.

How much will it cost and how long will it take?

It depends on several things including:

Whether everyone involved is consenting.
Whether an assessment report or other expert evidence is required.
How easy it is to serve required parties.
How quickly the necessary documents, like birth certificates or background checks, are received.
When the procedure is happening.
The urgency of the matter.

Navigating new beginnings

Formalize relationships and build your family.

How family formation services work

Are family formation services right for you?

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