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Having Children with Assisted Reproduction

1,133 bytes added, 15:44, 8 April 2021
The Family Law Act
Section 26(1) of the ''[[Family Law Act]]'' says that the "parents" of a child are usually the child's birth mother and biological father. However, sections 24, 27, 29 and 30 have different rules when a child is conceived using artificial reproduction, and other rules which allow people to make an agreement that specifies who the parents of a child will be when the child is conceived using artificial reproduction.
====DonorsPeople who donate sperm or eggs====
Under section 24 of the ''Family Law Act'', the donor of sperm or eggs or sperm is ''not'' the parent of a child conceived by artificial reproduction merely because of the donation, and may not be declared to be a parent of a child. This section is very important. It means that a person can donate sperm or eggs or sperm without worrying that they will be a legal parent of any resulting child, and potentially be liable to support that child at some point in the future.
A donor ''can'' be a parent, on the other hand, if the intended parents and the donor sign a written assisted reproduction agreement before the child is conceived that says that the donor will be a parent. Donors who are parents under an assisted reproduction agreement are parents for all purposes of the law in British Columbia under the ''Family Law Act''; they are presumed to be the guardians of a child , they are entitled to ask for parenting time with their child and decision-making responsibilities for their child, and they may be required to support their child.
====Surrogate mothers====
A surrogate mother qualifies as a "birth mother" under the act. As a result, and as such surrogate mothers ''are '' presumed to be the parents of their children under sections 26 and 27 of the ''Family Law Act'', the opposite of the presumption that applies to people who donate sperm or eggs. However, a surrogate mother will ''not'' be a parent if the intended parents and the surrogate mother sign a written assisted reproduction agreement before the child is conceived that says that the surrogate mother will not be a parent.
Without an assisted reproduction agreement, the child's parents will be presumed to be the surrogate mother and the biological father, and the surrogate mother will be a parent for all purposes under the ''Family Law Act'', including the parts of the act that talk about guardianship, parenting after separation, and child support.
====Spouses of surrogate mothers====
A Under section 27 of the act, a person who is the married spouse of a surrogate mother ''can'' , or living in a "marriage-like relationship" with a surrogate mother, is presumed to be a parent of the surrogate motherchild, unless there is proof that, before the child was conceived, the person: #did not consent to be the child's parent; or,#withdrew their consent to be the child sign 's parent. Under section 30, a person who is the married spouse of a surrogate mother, or living in a "marriage-like relationship" with a surrogate mother, can also be a parent if everyone involved signs written assisted reproduction agreement , before the child is conceived , that says the person will be a parent. People who are the married spouse of the a surrogate mother, or living in a "marriage-like relationship" with a surrogate mother will be , and are a parentof the child the surrogate mother gave birth to, are parents for all purposes under the ''Family Law Act'', including the parts of the act that talk about guardianship, parenting after separation, and child support.
===Assisted reproduction after death===