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Surrogacy


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#1 GratefulMommy

GratefulMommy
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Posted 08 January 2012 - 08:27 PM

Hi Sherry,
I have a question about surrogacy in Quebec.
If a Quebec resident has a surrogate, I understand that a surrogacy contract is not recognized by the law. If the surrogate is a Quebec resident but delivers in Ontario, which laws apply?
Thank you
Lisa

Where do I start?

I have an irregularly shaped uterus, I have had a uterine septum removed, I have an endocervical folds that are most probably causing persistent fluid in my uterus, I had chronic endometritis for over a year, a luteal phase defect, I had two dermoid cysts (benign tumours the size of oranges) on my ovaries removed, I am MTHFR heterozygous, and have been told that I may have an "egg quality" issue.You name it, I've got it :(


Miracle DS born December 2008

December 2009: TTC#2

June 2010: Started at McGill. Transferred to Montreal Reproductive Center- had a horrible experience Switched to Montreal Fertility Center- So happy there!

IVF #1-
short protocolER: April 21/11- 8 eggs, 7 mature 5 embryosOn day 3: 4x4 cell grade 2 and 1x2 cell grade 15 day transfer of 1 blast on April 26/11 (two surprise blast frosties)
Beta on May 6/11. BFN :(

June 2011: On the waiting list for adoption from South Korea

July 2011:Persistent chronic endometritis (endometrial inflammation from a complication post c-section) finally cured!

FET #1:
September 8th 2011- transfer of 2 blasts
Beta on September 19/11 BFN :(

IVF #2-
short protocol againER: Oct. 5/11- 13 eggs collected, 11 mature and fertilized2DPER- : 11 embryos were grades 2&3 and 2,3,4 and 5 cells
Oct. 10/11 5 day transfer of 1 blast.
Two blast frosties
Beta on October 20/11 BFN :(

Consultation @OVO- October 2011.
Re-consulted @McGill. Staying with MFC for now.

Operative hysteroscopy with Dr. M on February 23, 2012 to hopefully remove and endocervical cyst or polyp. --- no cyst or polyp, but endocervical folds were found that are most probably damage from a cerclage from my previous pregnancy. The folds cannot be removed but should not effect implantation.

Phone consult booked with Dr. Librach, a reproductive immunologist, to explore possible immune issues. (Feb. 16, 2012) rescheduled for February 28th, 2012. Dr. Librach said that I most probably have immune issue based on my history and symptoms. With next transfer I will be:-Having an intralipid infusion,-using steroids-Using baby aspirin-Praying that it works!And traveling back and forth from Toronto for treatments along with cycling at MFC.

FET #2
Started Estrace April 9, 2012
Estimated transfer date: April 26, 2012
CYCLE CANCELLED- lining didn't look right even though it grew but only after 16 days

FET #3 (actually FET #2 Take 2)Started Estrace May 9th, 2012- lining not cooperating again :(Cycle cancelled again.

This was our last try before going down a new path...I'm done. My body and soul can't take this anymore.

May 2012: Looking into surrogacy.
June 2012: Now looking for a surrogate
Sept 2012: We may have found the most wonderful surrogate! Keep your fingers crossed after so much heartache (after contacting over 250 surrogates and getting close with about 4 before all contact stopped?)

May 2012: It looks like it is going to be at least 4 more years. Adoption from South Korea has slowed down.

September 2012: South Korea waiting list closed because there are no proposed children. Hopefully things will pick up.

On the waiting list for adoption from Kazakhstan ( looking at a probable 2 year wait.)

October 2012: Called to sign a contract with Alliance Des Familles du Quebec. In Shock! Might be adopting from Kazakstan earlier than anticipated!

November 2012: Waiting for my surrogate to have her sonohystogram.Signed contract with Alliance Des Familles du Quebec and opened file with SAI.

Starting home study in January 2013.So, right now, it seems like its always all or nothing! Pursuing surrogacy (in the screening stage/pre-contract) and international adoption from Kazakhstan. I'm praying that we will choose the right path. I'm so conflicted and don't know what to do.

Adoption process on pause.

Surrogacy journey: Amazing surrogate passed psych and cleared medically. We will be meeting with dr. M to make plan.

May 2013: Getting ready for FET in a May. I high quality blast to my surrogate. BFN

Took the summer 2013 off.

November 2013: Ovarian stimulation -7 follicles. Only 1 egg :( Possible ET to GS Friday November 29, 2013. NOPE. EGG was abnormal.

April 4, 2014: Last cycle with incredible surrogate ended with a BFN

April 28, 2014: Submitted file for home study. Collecting documents to complete my file.

August 2014: Still waiting for home study...

Starting home study soon! Stay tuned...

#2 SherryLevitan

SherryLevitan
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Posted 09 January 2012 - 07:53 AM

Hi Lisa,
I have many clients who live in Quebec and deal with this exact issue often.. As the civil code provides that surrogacy agreements are null and void we have two issues to deal with: enforcement of the agreement during pregnancy and recognition of parentage after the baby's birth. If the IPs' have a trusted family member who is a resident of Quebec and wishes to be their surrogate, then we worry less about enforcement during pregnancy and we ask the surrogate to deliver in Ontario (and then keep our fingers crossed!). If the IPs need to work with a non-family member, I strongly recommend that they find a surrogate who lives outside Quebec so that we can use the other province's laws. If the IPs and the surrogate live in different provinces, we can choose which provincial laws apply.

Quebec judges are unpredictable about granting parentage orders, and the laws of the province in which the child is born governs. Feel free to call me if you need more information.

#3 toma

toma
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Posted 14 July 2013 - 11:09 AM

Hi  Sherry Levitan,

 

How are you? I need your help. Do you know the fertility lawyer in Saskatchewan? Can you give me the name and the address?

 

 

Regards

 

Thank you for your cooperation,