Fertility Law: Critical and Emerging Issues 2022

9:00 a.m.
Welcome from the Chairs

Sara Cohen, Fertility Law Canada™ at D2Law LLP
Ellen K. Embury, Carbert Waite LLP

9:10 a.m.
Cross Canada Fertility Law Check-Up

Jessica Fullerton, Nelligan O’Brien Payne LLP
Jasmeet K. Wahid, Kahn Zack Ehrlich Lithwick LLP

Drill down on the latest developments and emerging issues from across the country, including:
• Lessons learned from the BCCA’s decision about the posthumous use of reproductive material in LT v. DT Estate
• The Barwin class action and implications going forward

9:40 a.m.
International Check-Up

Virginia Hart, CEO ART Risk Solutions
Fabien G. Joly (France)
Ida Parisi, Family Law and Assisted Reproductive Technology (ART) Law (Italy)
Andrew Spearman, Laytons ETL Global (U.K.)
Jo-an van der Tol, WENS Familierecht (Netherlands)

Fertility clients and issues are becoming increasingly international. Join the leading experts from across Europe and the US as
they canvas some of the key issues for Canadian fertility professionals

10:25 a.m.
Health Break

10:40 a.m.
ADR in Fertility Law

Kelly D. Jordan, Kelly D. Jordan Family Law Firm

• Why and when should your client engage in ADR?
• Pros and cons
• Best practices and strategies for steering your client through the ADR process

11:00 a.m.
Screening 101

Dr. Ari Baratz, MD, FRCSC, REI, CReATe Fertility Centre
Dara Roth Edney, MSW, RSW, Informed Fertility

Hear from a social worker and a fertility doctor about some of the key issues related to screening, including:
• Psychological screening
• What is a trauma based approach?
• When and why a surrogate or donor is failed
• Medical screening for a surrogate or donor: what do we need to look out for?

11:30 a.m.
Immigration Issues

Stephen W. Green, Green And Spiegel LLP
Cindy Wasser, Hope Springs Fertility Law

Clients dealing with fertility issues often have to travel for treatment and in doing so, must navigate immigration challenges.
Get key insights from an experienced immigration lawyer and a fertility law specialist on some of the key immigration issues, including:
• Guidance for when international intended parents travel to Canada for surrogacy
• Canadians going abroad for surrogacy – how do we get you back and what are the risks?

12:00 p.m.
Lunch Break

1:00 p.m.
Perspective of the Donor-Conceived
Daniel McKinnon

1:30 p.m.
Tips and Tricks for Legal Agreements
Lisa Feldstein, Lisa Feldstein Law Office P.C.
Michelle Flowerday, Flowerday Fertility Law Surrogacy:
• How to draft a surrogacy agreement
• Best practices for protecting your surrogate clients
• How to combine issues from AHRA with different provincial parentage laws
• Navigating the limitations on agreements on interprovincial practice

Egg and Sperm Donation:
• Ensuring intended parents have secure parentage rights
• Protecting the rights of donors
• Understanding the s. 8 consent regulations
• Trans‑provincial issues

Best practices for embryo donation

2:15 p.m.
Health Break

2:30 p.m.
Multi-parent and Polyamorous Families

Sara Cohen, Fertility Law Canada™ at D2Law LLP
Jonathan Griffith, Chair of the National Sexual Orientation and Gender Identity Community section of the Canadian Bar Association
Kelly D. Jordan, Kelly D. Jordan Family Law Firm

The definition of “family” continues to evolve, and with it, new opportunities and challenges in fertility law.
• Determining parentage
• Unravelling the section. 8 consent issues
• How to properly recognize multi‑parent without the formal construct

3:00 p.m.
Critical Issues in Parentage

Robynne B. Kazina, Taylor McCaffrey LLP
Marisha N. Paquin, Kanuka Thuringer LLP
Michel Tétrault, Brodeur Prémont Lavoie Avocats

Get the key updates you need on parentage issues, including:
• Recent developments in surrogacy
• Jurisdictional hiccups
• Bill 2
• Funding issues in Quebec

3:35 p.m.
When Things Go Wrong… How To Avoid and Navigate The Common (and Not So Common) Pitfalls

Sara Cohen, Fertility Law Canada™ at D2Law LLP
Ellen K. Embury, Carbert Waite LLP

Even with the most careful planning, things may go awry. Drill down on some of the issues that can undermine the outcome and
some of the current challenges, including:
• The vaccination debate
• PGT‑A (pre‑genetic testing for embryos)

4:30 p.m.
Program Concludes