Law Times

Law Times • November 7, 2011 FOCUS PAGE 13 Continued from page 12 I expect the federal government will move on proclaiming s. 12 and drafting regulations," he says, noting his hope is that the defi nition of expenses will be as broad as is conceivably possible. "If they are going to criminalize the area, they should allow any reasonable expense." His approach is to set out all of the expenses in the surrogacy agreement. "We just use com- mon sense of what has a logical connection to the pregnancy and surrogacy," he says. But Lam believes there's a mis- conception that the reimburse- ment is a windfall for the surro- gate. "It's not like they can retire after the baby's born. It's a small reimbursement. I tell my clients to get receipts and do what they can to protect themselves." Levitan believes the contract is Parents' 'faith is restored' MARMER PENNER INC. BUSINESS VALUATORS very important even though the law doesn't require it. In her expe- rience, some careful clients want all of the obligations and rights known, while those on a limited budget are more interested in just getting through the hoops at the clinic. "Every clinic has its own protocol," she says. "Some require evidence of a surrogacy agreement before they will start the process." Lam uses a precedent con- tract that's accommodating to parents. "Each one is diff er- ent. Some parents want it to be very specifi c. Some place their trust in the surrogate. After all, these contracts are very hard to enforce. If you say don't drink, what are you going to do — watch her 24 hours a day?" So far, Canada has seen no litigated disputes between par- ents, surrogates, and donors or any prosecutions under the act. Th ere also haven't been any ap- plications for a declaration of parentage where the surrogate hasn't supported the process. "For the most part, we are very clear at the start on the re- quirements and expectations," says Levitan. "By the time you do the screening, the pregnancy, the birth, and the recuperation pe- riod, the surrogacy process takes a year. Th e parties develop a most signifi cant relationship." According to Levitan, the parties often maintain con- tact long after the birth, which is why she calls it happy law. "People are optimistic," she says. "Sure, they may have gone through some years of infertility problems that have worn them down but now they've found this wonderful person to help. Th ey are so grateful and their faith is restored." & LITIGATION ACCOUNTANTS BUSINESS VALUATION MATRIMONIAL & OTHER LITIGATION SUPPORT FORENSIC ACCOUNTING QUANTIFICATION OF DAMAGES SHAREHOLDER/PARTNERSHIP DISPUTES GOODWILL IMPAIRMENT TRANSFER PRICING 94 Cumberland Street, Suite 200 Toronto, Ontario M5R 1A3 Tel: (416) 961-5612 Fax: (416) 961-6158 2 Bloor Street West, Suite 2603 Toronto, Ontario M4W 3E2 Tel: (416) 961-5612 Fax: (416) 961-6158 Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com Email our partners at: sranot@marmerpenner.com jdebresser@marmerpenner.com armer_LT_June_10.indd 1 6/14/10 3:25:19 PM Big decisions follow you around. The big decisions you have to make are sometimes difficult, often finely balanced, always with you. Let us help you with your big decisions. Private company succession planning: where do you stand? is a new survey-based report on the succession readiness of Canadian businesses. The report revealed that over half of survey respondents from family-run businesses have clear plans as to how family members outside the business would share in the profits. Let us help you maximize the benefits for you and your stakeholders. For more information, visit our Web site at www.GrantThornton.ca/succession to read the full report. www.GrantThornton.ca Untitled-2 1 www.lawtimesnews.com Audit Tax Advisory 11-11-01 3:06 PM

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