Surrogacy law services, delivered with competence, commitment, and compassion.

I will steer you through each stage of your surrogacy journey — from concept to contracts to birth certificates — all while propelled by two decades of experience, an unwavering dedication to your family-building project, and a deep desire to see you prevail.

Your legal partner on the journey of life.

Fertility law in Canada is complex and evolving. The subject matter is sensitive and the outcome is of utmost importance. Legal process and product both matter! All participants in third-party reproduction deserve protection and all children who result deserve to have their proper parent(s) reflected on their birth certificates.

I’d be delighted to help you, and offer a full range of services including:

Surrogacy Agreements

Ova Donation Agreements

Sperm Donation Agreements

Embryo Donation Agreements

Co-Parenting Agreements

Post-Birth Legal Parentage

Last Will and Testaments

 

 

 

Meet Michelle Flowerday, LL.B.

As featured on:

Thanks for visiting Flowerday Fertility Law. It’s lovely to connect with you! My head and heart will be invested in your project. As a passionate advocate for surrogacy and third-party family-building, I would be honoured to champion your legal needs.

Here’s what I offer:

  • Extensive Experience in Fertility Law
    I’ve assisted thousands of families in surrogacy and third-party reproduction, accumulating invaluable experience and knowledge. In almost two decades of fertility law, I’ve developed a strong skill set and meaningful relationships in the industry with agencies, clinics, counselors, and other fertility lawyers.
  • Dedicated Team of Professionals
    With two smart, dedicated, and knowledgeable law clerks who are both former surrogates – Katie and Alisha – you’ll be heard, answered, and supported during your time with us. They are can-do problem-solvers, actively engaged, and well-loved in the industry.
  • Sound Judgement and Conciliatory Approach
    Success in fertility law means protecting clients, ensuring a smooth, stress-free, and timely process, and promoting positive relationships. Achieving this requires sound judgment, a clear, careful tone, and a responsive, conciliatory approach – soft skills integral to my character, integrity, and professional reputation. I measure success by these benchmarks.

Frequently "Anxious" Questions

Rest assured it’s normal to have lots of questions at this stage. Let me help turn your questions into answers and your anxieties into calm. Here are a few questions that may already be on your mind, and we will explore the rest during our initial consultation.

Is a surrogacy agreement necessary?
Yes, a surrogacy agreement, drafted and negotiated by experienced fertility lawyers who provide independent legal advice to both sides, is necessary to clearly and fairly capture the parties’ preconception intentions and their rights and obligations before, during, and after the pregnancy. A surrogacy agreement will be instrumental in the process of rebutting the legal presumption that the person who delivered the child is the parent. In the case of a surrogacy birth, that does not apply and the surrogacy agreement will be critical in achieving the parties’ intended legal outcome.
When do I need to engage a surrogacy lawyer?
I can be engaged at any point in the process, from the time the parties are contemplating the surrogacy until the time they are ready to undertake the surrogacy agreement draft and negotiation. I encourage clients to bring me on board as early as possible so that I can provide guidance, answer questions, and act as a sounding board when necessary, although my formal retainer (paid work) typically commences when the Surrogate is given medical clearance by the Intended Parents’ fertility clinic.
How much does it cost to work with a surrogacy lawyer?
I offer my legal services at a competitive flat fee for each step in the process, with no surcharge for rushed matters, more complex files, or work that takes place outside of regular business hours. By doing so, I ensure you receive value for your dollars which can be accurately budgeted. I look forward to reviewing my pricing structure with you during our consultation. 
How do we get started together?

To get started, simply complete the inquiry form at the bottom of this page. You’ll receive my Consultation Prep List (a short document I put together to help us make the most of our time together) right away, and within one business day, I will send you a link to my calendar so that you can book a free introductory video or phone consultation at a time that works for you. I offer appointments seven days a week: Monday to Friday 9 to 5; Monday, Tuesday, and Thursday evenings; and Saturday and Sunday mornings. If none of the times offered are convenient for you, we will find another time that works. During our first call, we will follow the outline set out in the Consultation Prep List and will ensure that all of your additional questions are addressed. I look forward to learning about you and your legal needs!

What does the process look like working with you from start to finish?
As an overview, there will be three legal steps in your successful surrogacy journey:

(1) the contracts stage where I will guide you through establishing the necessary agreements for your specific project (surrogacy, ova, sperm, and/or embryo);

(2) the hospital letter sent at viability of the pregnancy to ensure medical staff accommodate the surrogacy, acknowledge the medical decision-makers, and facilitate the transfer of physical custody of your child; and

(3) the post-birth legal parentage resulting in birth certificates naming the Intended Parent(s).

In between each step, I will remain only an email or phone call away and eager to assist at any time.

Can you help me navigate decisions with fertility clinics, surrogacy agencies, and reimbursements?
With my extensive experience in the field of Canadian surrogacy and third-party reproduction, I will provide invaluable insight into fertility clinics, surrogacy and donor agencies, and the nuanced interplay between the two. During my almost two decades of work in fertility law, I have gained insider information that may be useful when assembling your family-building team. These dynamics matter and I’d be happy to share what I know with you.

In their thoughtful words

“We have known Michelle Flowerday for 10 years and she has been far more than our amazing fertility lawyer, but also an incredible support, confidant and friend through our fertility journey. We have enormous gratitude to Michelle because if it weren’t for her tenacity and compassion towards us, we wouldn’t have our beautiful son today. She is an expert in fertility law, but also highly connected in the fertility community. Her network and influence helped bring us together with an amazing team of partners and doctors who helped make our dream of becoming parents a reality.”

— Rebecca & Asif, Intended Parents

“Thank you for making this overwhelming experience feel normal and accessible. We so appreciate your warmth and personal nature as well as your professionalism and connectedness. Your reputation preceded you and all of those glowing reviews were well-earned. We know we couldn’t have done this without you and we are so thankful.”

— E & M, Intended Parents

“Thank you so much for your legal advice, your willingness to help, but most of all your compassion and support. I couldn’t imagine getting to know anyone else during this incredibly hard but rewarding and miraculous time. All our very best!”

— C & B, Intended Parents

“Words cannot express our gratitude for what you have done for us. Meeting you has changed our lives forever with the most amazing gift. Few people come into our lives & have such an impact and we can’t thank you enough for helping to make our dreams come true. You are an angel and we are forever indebted to you.”

— A & R, Intended Parents

“We would like to sincerely thank you, from the bottom of our hearts, for making the most precious and important part of our lives a stress-free and easy process. You are an awesome lawyer and we will be recommending you to anyone in need of your services. J and L are a joy – our lives are now full and complete. Thank you Michelle!”

— J & D, Intended Parents

“We want to thank you for all your efforts and attention in helping expand our family this year. We appreciate your patience and expertise as we navigate this unfamiliar and emotional process. We consider ourselves very fortunate to be working with you. It takes a village to raise a child and also in our case to create one.”

— I & D, Intended Parents

“We are deeply grateful for demonstrating excellence, integrity and collaborative practice at a world class level. We are exceptionally lucky to have you. You are our keystone and friend.”

— C & G, Intended Parents

“With much appreciation, I thank you for your professionalism and caring guidance throughout these past few months and this process. I could not have been in better hands – thank you.”

— J, Intended Parent

“Thank you so much Michelle! I always remind everyone that you started the wheel going for us, you deserve all the credit for putting us on the right path. And your service is excellent! You and Katie are the best!”

— J & S, Intended Parents

“We wanted to express how grateful we are to you and your team, while on our journey towards creating our family. Your service was professional, knowledgeable, timely and warm. Thank you from the bottom of our hearts.”

— H & P, Intended Parents

“Thanks for your patience and encouragement! You’re a very calming and steady force in this experience.”

— M & T, Intended Parents

Let's go a step further. Schedule your no-cost consultation:

After completing the form, you’ll receive:

✔  My Consultation Prep List, so we can make the most of our time together

✔  An invitation to book our consultation, with the link provided within 1 business day